§ 154.388  STRUCTURES AND USES NONCONFORMING BY USE DISTRICT.
   Where, at the time of adoption or amendment of this chapter, lawful uses of buildings, structures, land, and premises exist which would not be permitted under the subdivision of uses imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided:
   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this subchapter.
   (B)   No such nonconforming use structure shall be enlarged or altered in a way which increases or maintains its nonconformity except as provided in § 154.561 of this chapter, but any structure or portion thereof may be altered to decrease or eliminate its nonconformity; no additional structure not conforming to the requirements of this chapter or amendment thereto shall be erected in connection with a nonconforming use of land, except as provided in § 154.561 of this chapter.
   (C)   A nonconforming building, structure, or premises, if changed to a use included in the subdivision of uses for the district in which it is located, shall not thereafter be used except in conformity with the subdivision of uses.
   (D)   When a nonconforming use of a structure or premises is voluntarily discontinued or abandoned for more than one year, the structure, building, or use shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.  A nonconforming building, structure, or premises may be change to another non-conforming use only if the Planning Commission reviews the proposed new use and determines that the use will be no more impacting on the adjoining parcels than the current use in terms of:  traffic volume, off-site impacts, signs and other impacts as defined by the Planning Commission.
('65 Code, § 1352.04)  (Ord. 98-072, passed 7-21-98)