Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(1) A lawful nonconforming use shall not be changed except in conformance with the use requirements of the zoning district in which it is located or the provisions of this section.
(2) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this code unless it complies with the provisions of this section.
(3) When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(4) Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this section, but no such use shall be extended to occupy any land outside such structure.
(5) 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 uses at the effective date of adoption or amendment of this code.
(6) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(7) Displacement
No nonconforming use shall displace a conforming use.
(8) Change or Substitution of a Nonconforming Use
(a) If no structural alterations are made, any nonconforming use of a structure, land, or combination thereof may, upon application for a zoning compliance permit, be changed to another nonconforming use with approval from the Zoning Administrator.
(b) In order to approve the zoning compliance permit, the Zoning Administrator shall be required to find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Administrator may require appropriate conditions and safeguards in accord with other provisions of the chapter.
(c) The decision of the Zoning Administrator may be appealed to the BZA in accordance with § 154.03(M).
(d) Whenever a nonconforming use is changed to a less intensive nonconforming use or a permitted use, such use shall not thereafter be changed to a more intensive nonconforming use.
(9) Existing Use Reclassified as a Special Use
In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a special use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved special use without any further action. However, any subsequent change to such use shall require review and approval by the Planning Board in accordance with this chapter and § 154.03(D). Such use, provided it is special use permitted in the applicable district, shall not be considered a nonconforming use.
(10) Termination of Nonconforming Uses
(a) Termination of Use through Discontinuance
(i) When any nonconforming use is discontinued for more than 6 consecutive months, any new use shall conform to the regulations of the district in which it 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.
(ii) The above shall not apply in situations where government action impedes access to the structure.
(iii) Discontinuance of use shall be considered legal abandonment for the purposes of this section.
(b) Termination of Use by Damage or Destruction
(i) If a nonconforming single-family dwelling, two-family dwelling, or multi-family dwelling in a nonresidential district is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot. Such reestablishment of the use shall require the issuance of a zoning permit.
(ii) The following shall apply to any other type of nonconforming structure:
A. If the nonconforming structure is damaged, but not to an extent greater than 60% of the principal structure's market value, as determined by the Zoning Administrator, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a zoning permit.
B. If the nonconforming structure is damaged beyond 60% of the principal structure's market value, as determined by the Zoning Administrator, such structure shall only be rebuilt in compliance with the requirements of this code.
(Ord. 5-14, passed 3-17-2014)