9.2.3. SUBSTITUTION WITH A USE WITHIN THE SAME LAND USE CLASS

   An existing nonconforming use may be substituted with the same use or another use from the same Land Use Class without affecting the nonconforming status of the use or structures on the property. The substitution may be approved in accordance with Section 3.3.3, PDSD Director Approval Procedure, if the substitute use complies with Section 9.2.4.B, .C, and .D.

9.2.4. SUBSTITUTION WITH A USE FROM A DIFFERENT LAND USE CLASS

   A nonconforming use may be substituted with a use from a Land Use Class that is different from the one to which the existing nonconforming use belongs, provided it is approved in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided the use complies with the following standards before and after the substitute use is in operation:

   A.   The substitute use is a use permitted in the most restrictive zoning classification in which the existing nonconforming use is permitted as of right;

   B.   The substitute use does not generate additional traffic or noise, have longer hours of operation, have additional outside lighting, or cause other negative impacts on adjoining properties greater than those associated with the existing nonconforming use ;

   C.   The substitute use provides parking as required by the UDC . A modification to the parking standards may be requested in accordance with Section 7.4.10, Parking Design Modification Request, or Sections 3.10.1 and 2.10.3, Board of Adjustment Variance Procedure; and,

   D.   The substitute use does not propose an extension or enlargement of the structure or of the areas occupied by the nonconforming use , except as provided for expansion in Section 9.2.2, Expansion of a Nonconforming Use.

9.2.5. CHANGE IN NONCONFORMING STATUS

   When a substitute use is allowed in a zoning district that is a more restrictive zone than the zoning district in which the existing nonconforming use is first allowed, the nonconforming status for that parcel changes to the more restrictive  zoning district .

9.3. NONCONFORMING STRUCTURE

   A nonconforming structure may be reconstructed or expanded as provided below.

9.3.1. RECONSTRUCTION

   A.   Any nonconforming structure or groups of nonconforming structures damaged by natural causes, such as, but not limited to, fire, flood, and lightning, may be reconstructed and used as before with the following limitations.

      1.   Permits to reconstruct the structure must be issued within 12 months of the occurrence.

      2.   The reconstruction of the structure may not exceed the original footprint or square footage as it existed at the time of the occurrence.

   B.   Except as set forth in Section 9.2.1, Discontinuance of a Nonconforming Use, a nonconforming structure that is demolished loses its nonconforming status.

9.3.2. EXPANSION

   Nonconforming structures may continue to be utilized as they existed at the time such structures became nonconforming; however, any expansions made to nonconforming structures after the date of the creation of the nonconformity must be in compliance with current standards. The proposed expansion of a nonconforming building or structure to rebuild any part of a building damaged or demolished due to a government act, such as right-of-way condemnation, does not count toward the 50% expansion standards of Section 9.2.2, Expansion of a Nonconforming Use; however, any new construction must comply with the UDC .

9.3.3. LOSS OF NONCONFORMING STATUS

   When a building or structure is altered to comply with applicable development standards of the underlying zoning, the nonconforming status of that building or structure is terminated.

9.3.4. NONCONFORMING PARKING AREAS

   Nonconforming parking areas may be reconstructed, repaved, restriped, or improved with landscaping , additional buffers, lighting, or similar modifications, including the redesign of the parking area layout. The proposed modifications are processed in accordance with Section 3.3.3, PDSD Director Approval Procedure, if the modifications meet the following standards:

   A.   The modifications are in the interest of public health and safety;

   B.   The modifications do not increase the intensity of the nonconforming use of the parking lot ; and,

   C.   There is a reduction, or no change, in the adverse impact of the nonconforming parking lot on adjacent residentially zoned properties.