(A) Lawful non-conforming uses and structures may not expand or intensify unless allowed to do so under this chapter or by other law (such as with the issuance of a special permit, if require). Only that portion of the land or structure in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter, unless the value of the extension, enlargement, reconstruction, substitution or structural alteration of the structure does not exceed 50% of the assessor’s market value of the structure at the time of the alteration and a building permit for the alterations is submitted to the city for approval within 180 days of the date of the removal or damage.
(B) Substitution of new equipment or similar changes related to the non-conforming use may be permitted by the Board of Adjustment if such equipment or change will reduce the incompatibility of the non-conforming use with the neighboring uses. Application for the approval will follow the process of appeals. (See § 162.031 of this chapter.)
(C) If the non-conforming use is discounted or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.
(Prior Code, § 305.08) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)