(A) If a non-conforming use is abandoned or does not occur for any reason for a period of 12 consecutive months or longer, any subsequent use shall fully conform to the requirements of this chapter.
(B) A non-conforming use shall be considered abandoned if one or more of the following conditions exists, and shall be deemed to constitute an intent on the part of the property owner to abandon the non- conforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings or grounds have fallen into disrepair;
(3) Signs, structures or other indications of the existence of the non-conforming use have been removed;
(4) Removal of equipment or fixtures that are necessary for the operation of the non- conforming use; or
(5) Other actions, which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner, tenant or lessee to abandon the non-conforming use.
(C) Uses that are non-conforming solely because of height, area, parking or loading provisions may be expanded; provided that, the Zoning Administrator determines that all of the following are applicable:
(1) For the purposes of this division (C), expansion shall include extension or enlargement of the use;
(2) All zoning district requirements (and other ordinance requirements) are satisfied with respect to the expansion;
(3) The expansion shall not substantially extend the life of any non-conforming use by reason of parking and loading provisions; and
(4) The non-conforming use is made more conforming or less non-conforming by the addition of parking and/or loading space. Thereafter, any subsequent expansion of the non-conforming use or change in use will not be allowed if it requires even greater parking and/or loading space.
(D) A non-conforming use not addressed in division (C) above may be enlarged when authorized by the Zoning Board of Appeals, subject to all of the following provisions.
(1) The enlargement, when allowed, shall not exceed 25% of the area devoted to a non-conforming use at the effective date of this chapter or relevant amendment thereto.
(2) Any building used for the non-conforming use shall not be non-conforming or require a variance to effectuate the enlargement of the non-conforming use.
(3) The expansion does not create, or make worse, any adverse effect on surrounding properties or the neighborhood.
(4) The expansion does not intensify the use or unreasonably extend its probable duration.
(E) An existing non-conforming use may be changed to another non-conforming use; provided that, all of the following determinations are made by the Zoning Board of Appeals.
(1) The proposed use shall be as compatible as or more compatible with the surrounding neighborhood than the previous non-conforming use.
(2) The proposed non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous non-conforming use, except as may otherwise be allowed by this section.
(3) That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this chapter.
(4) Once returned to a conforming use, the previous non-conforming use shall be considered abandoned and may not be reestablished. Subsequent uses shall all conform to the requirements of the zoning district.
(Ord. passed 7-12-2012, § 5.3)