The lawful use of any building or land existing on the effective date of this Zoning Code may be continued, although such use does not conform with the provisions of this Zoning Code, provided that the following conditions are met:
(a) Alterations. A nonconforming building or structure may be altered, improved, reconstructed, enlarged or extended, provided that such work is not to an extent which exceeds, in aggregate cost during any ten-year period, sixty percent of the then fair value of the building or structure as determined by the Chief Building Official, unless the building or structure is changed to a conforming use.
(b) Nonconforming to Nonconforming Use. A nonconforming use may be changed to another nonconforming use, provided that the proposed nonconforming use is equal to or in less conflict with the character and use of the district than the existing nonconforming use, as determined by the Planning and Zoning Commission. The Commission shall utilize the following standards in making such a determination.
(1) The new nonconforming use is more similar in character to a permitted use in the zoning district in which it is located than the previous nonconforming use, and
(2) The new nonconforming use will generate an equal amount or less vehicular traffic than the previous nonconforming use, and
(3) The new nonconforming use will not increase the size and bulk of the structure or building to a size that is inconsistent with size and bulk of buildings in the zoning district in which the use is located, and
(4) The new nonconforming use will not be more intrusive to the neighborhood than the previous nonconforming use, and
(5) The new nonconforming use will not increase storm water runoff onto neighboring properties, and
(6) The new nonconforming use will be adequately screened with vegetation consistent with Section 1278.05 of this Planning and Zoning Code, in addition to such other screening and landscaping as required by the Commission to minimize the impact of the nonconforming use on the neighborhood, and
(7) The new nonconforming use shall have outside storage that is more similar to a permitted use in the zoning district in which it is located than the previous nonconforming use, and
(8) The new nonconforming use shall have signs, in terms of color, design and size, that are more similar to a permitted use in the zoning district in which it is located than the previous nonconforming use.
(c) Restoration. Nothing in this Zoning Code shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Zoning Code wherein the expense of such work does not exceed fifty percent of the replacement cost of the building or structure at the time such damage occurred. Where damage exceeds fifty percent of the replacement cost of building, the building shall not be reconstructed, repaired or rebuilt, unless it is done in such a manner as to comply as much as is reasonably practicable with this Zoning Code.
(d) Construction Approved Prior to Zoning Code. Nothing in this Zoning Code shall prohibit the completion of construction and use of a nonconforming building for which a zoning certificate has been issued prior to the effective date of this Zoning Code, provided that construction is commenced within ninety days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuous period in excess of thirty days; and that the entire building shall have been completed within two years after the issuance of such zoning certificate.
(e) Displacement. No nonconforming use shall be extended to displace a conforming use. (Ord. 2001-081. Passed 8-6-01.)
(f) Discontinuance or Abandonment. Whenever a nonconforming use has been discontinued for a period of one year or more, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. At the end of that one-year period of abandonment, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Code. Planning and Zoning Commission may grant permission to permit the return to a previous nonconforming use for a residential structure whose nonconforming use has been discontinued or abandoned based on length of time not to exceed three (3) years of discontinuance, type of occupancy per district uses and adherence to the property maintenance, building code and zoning code. The Planning and Zoning Commission shall use the 8 standards contained in subsection (b) hereof to determine whether or not to grant such permission.
(Ord. 2017-063. Passed 7-3-17.)