A non-conforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(a) Change or Substitution to Another Non-conforming Use. A non-conforming use of a building, structure or land shall not be changed or substituted to another non-conforming use unless:
(1) Appeals. Board of Zoning and Building Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing non-conforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Development Code and when made a part of the terms under which the change is granted.
A. Whenever a non-conforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive non-conforming use.
B. Whenever a non-conforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a non-conforming use. Upon such compliance, no non-conforming use shall be made, resumed or reinstated.
C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Development Code and shall be punishable under Chapter 1141, Enforcement and Penalties.
(2) An application is filed with the Board of Zoning and Building Appeals and such application includes payment of the fee established by the City.
(b) Land Occupied by Non-conforming Use.
A. Expansion of Non-conforming Use of Land. A non-conforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became non-conforming, unless otherwise specified.
B. Relocation of Non-conforming Use of Land. A non-conforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became non-conforming.
(c) Structures Occupied by Non-conforming Use.
(1) Extension of Non-conforming Use within Building. A non-conforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Development Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such non-conforming use.
(2) Expansion of Building(s). No such building shall be enlarged or expanded to increase the non-conforming use, and no additional structures shall be constructed in connection with such non-conforming use unless the Board of Zoning and Building Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Zoning and Building Appeals shall consider the following:
A. Hours of operation;
B. Volume and type of sales;
C. Type of processing activity;
D. Nature and location of storage;
E. Traffic generation by volume, type, and characteristics;
F. Parking and loading characteristics; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Alteration or Reconstruction of a Building Occupied by a Non-conforming Use. No building or structure occupied by a non-conforming use shall be altered, improved, or reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Board of Zoning and Building Appeals and the Board of Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.
(4) Damage or Destruction. In the event a building or structure that is occupied by a non-conforming use is destroyed by any means to the extent of more than 50% of its replacement value, it shall not be rebuilt, restored or reoccupied for any use unless such use conforms to the use regulations of the district in which the building or structure is located.
(d) Discontinuance of Use. Whenever a non-conforming use of a building, part of a building, lot or part of a lot is discontinued for one (1) year, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.