Where, at the time of the adoption of this Zoning Code or amendment thereto, a lawful use of land exists which is not permitted by this Zoning Code, as amended, the use may be continued so long as it remains otherwise lawful provided that:
(a) No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Zoning Code.
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment of this Zoning Code.
(c) Notwithstanding divisions (a) and (b) above, if the owner of a legal nonconforming use can demonstrate through application to the Board of Zoning Appeals that the manner in which the useable area of the nonconforming use proposed to be increased or relocated will have minimal adverse impact upon adjacent properties and other permitted land uses in the surrounding neighborhood or can be made compatible with the adjacent properties and the uses in the surrounding neighborhood upon compliance with specified conditions, the enlargement, increase, extension or relocation may be permitted, but shall still remain a nonconforming use. The factors that may be considered in determining an adverse impact include but are not limited to: noise, odor, and/or vibrations; traffic; visual impacts; access to light and air from adjoining properties; existence of screening; hours of operation; the effect on the access to the property by fire, police, or other public services; and the predominant or prevailing land use, building and structure patterns of the surrounding neighborhoods.
(d) If any such nonconforming use of land ceases for any reason for more than six months, any subsequent use of such land shall conform to the regulations of this Zoning Code for the district in which such land is located and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
(e) No I structure not conforming to this Zoning Code shall be erected in connection with such nonconforming use of land.
(Ord. O-20-2. Passed 1-2-20.)