§ 9.1F LEGALLY ESTABLISHED NONCONFORMING USES OF LAND.
   Where legally established nonconforming uses of land exist on the effective date of this ordinance which would not be permitted by the provisions of this ordinance, such uses may be continued so long as they remain otherwise lawful provided that:
      (1)   Such legally established nonconforming uses shall not be enlarged, expanded, increased or extended to occupy a greater area of land than was occupied on the effective date of this ordinance;
      (2)   Such legally established nonconforming uses shall not be expanded or increased by:
         (a)   Volume;
         (b)   Activity on the land occupied; or
         (c)   Other means, where such expanded or increased legally established nonconforming use results in a difference in the quality, character or degree of the legally established nonconforming use, or results in a legally established nonconforming use that has an increased and detrimental impact or effect on any adjoining property or the surrounding area. A difference in the quality, character or degree, or an increased and detrimental impact or effect may include, but not be limited to, any impact or effect resulting from: an increase in traffic volume; a change in the nature of vehicular traffic (i.e., both type and size of vehicles); change in hours of operation (i.e., from normal business hours to include evening or 24-hour operations); or an increase in vibration, smoke, dust, odor, noise, glare or any other activity or characteristic of the legally established nonconforming use which impacts any of the items listed as performance standards in Article 4.8 of this ordinance.
      (3)   Such legally established nonconforming uses shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses on the effective date of this ordinance; and
      (4)   No additional building or structure shall be erected in connection with such legally established nonconforming use of land.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 51-2005, passed 10-10-2005; Ord. 09-2007, passed 4-23-2007; Ord. 24-2009, passed 1-26-2009)