Any otherwise lawful use existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.
(A) Extension/intensification. No nonconforming use occupying a structure may be extended to any part(s) of the structure not intended or designed for the use, nor shall the nonconforming use be extended to occupy any land outside the structure. Similarly, no nonconforming use of land shall be intensified, or extended to occupy a greater area of land than was occupied by the use on the effective date of this chapter.
(B) Relocation. No nonconforming use shall be moved, in whole or in part unless, upon relocation, it will conform to all pertinent regulations of the district in which it will be located.
(C) Change of use. A nonconforming use shall not be changed except to a use that is allowed under the applicable district regulations.
(D) Discontinuance. When a nonconforming use is discontinued for a period of 90 days, it shall not thereafter be resumed, and any subsequent use of the land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.
(1994 Code, § 40-8-4)