(A) Existing nonconforming use. The lawful nonconforming use of a structure, land, or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter. However, only the portion of the land or water in actual use may be so continued, and the structure or area within which the use is contained may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or official order, so as to comply with the provisions of this chapter.
(B) Total lifetime structural repairs. Total lifetime structural repairs or structural alterations to a structure with a nonconforming use shall not exceed 50% of the assessed value of the structure at the time it became a nonconforming structure and use unless it is permanently changed to conform to the use provisions of this chapter.
(C) Change of use.
(1) Change to conforming use. A nonconforming use may be changed to any use that is allowed in the zoning district in which it is located, subject to all standards and requirements applicable to the new use. Once a nonconforming use is converted to a conforming use it may not be changed back to a nonconforming use.
(2) Change to other nonconforming use. The Board of Zoning Appeals may approve as a conditional use a change of use to a use not otherwise allowed in the underlying zoning districts if it finds that the new proposed use will be no more injurious than the previous use or will decrease the extent of the nonconformity. If the Board approves such a change of use, it shall be authorized to impose conditions it deems necessary to reduce or minimize any potentially adverse effect upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter.
(3) Substitution of new equipment. The Board of Zoning Appeals may permit the substitution of new equipment (e.g., fencing, mechanical equipment) if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.
(Ord. 17, 2006, passed 11-27-2006)