5.3.1 Definition. A nonconforming use is a principal use or an accessory use, other than a nonconforming sign, that was lawfully established in accordance with zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which it is now located.
5.3.2 Continuation. Nonconforming uses of land or structures may continue only in accordance with the provisions of this Article.
A. A nonconforming use shall not be expanded. Expansion shall include an intensification of use, a physical expansion that results in increased capacity or activity associated with the use, an extension of the hours of operation or number of days of activity and any similar change in activity or location.
B. A nonconforming use may not be relocated, in whole or part, to another portion of the subject lot or parcel.
C. A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.
D. Where a nonconforming use is discontinued or abandoned for a continuous period of 180 days, then the use shall not be re-established or resumed and any subsequent use of the land or structure shall conform to the requirements of this ordinance.
E. No structural changes shall be made in any structure occupied by a nonconforming use except as follows:
1. Those structural changes ordered by an authorized official in order to ensure the safety of the structure shall be permitted.
2. Maintenance and repairs to keep a structure in sound condition shall be permitted.
3. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
4. An existing nonconforming residential structure may be enlarged or altered provided that no additional dwelling units result therefrom. Any such enlargement or alterations shall be in compliance with all yard requirements of the district and/or use.
(Ord. passed 2-3-2021)