Nonconforming uses of land and buildings in existence at the time of the effective date of this Zoning Ordinance are subject to the following regulations:
(a) Continuation. Any lawful use of land or building existing at the effective date of this Zoning Ordinance may be continued although such use does not conform to the provisions of this Zoning Ordinance.
(b) Expansion or Enlargement. A nonconforming use may be expanded or enlarged when authorized as a special exception after public hearing by the Zoning Hearing Board. In determining the propriety of granting such expansion or enlargement, the Zoning Hearing Board shall determine:
(1) There is evidence that the expansion or enlargement is necessitated by the natural expansion and/or growth of trade of the nonconforming use.
(2) That the proposed expansion or enlargement is not proposed on contiguous property which was not owned at the time the use became nonconforming.
(3) That the expansion or enlargement will not displace any residence in any residential district.
(4) That any such enlargement or expansion shall conform to the area, height, lot coverage and yard requirements of the zoning district in which it is located, unless a variance is granted or unless the nonconforming use is located in a nonconforming structure, in which case the enlargement or expansion shall also be subject to the requirements of Section 1371.04(a) governing structural alteration of nonconforming structures.
(c) Changes. A nonconforming use of land or building may be changed to a nonconforming use of the same or more restricted classification if no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or premises. Whenever a nonconforming use of land or building has been changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a less restricted classification.
(d) Restoration. If a building or structure in which a nonconforming use is conducted is wholly or partially destroyed by fire, explosion or other phenomenon, or is legally condemned, the building or structure may be reconstructed and used for the same or another nonconforming use provided that:
(1) Any change of the nonconforming use shall be subject to Section 1371.03(c) of this Zoning Ordinance;
(2) The reconstructed building or structure shall not exceed the height, area and volume of the building or structure prior to the destruction or condemnation; and
(3) Reconstruction of the building or structure shall be commenced within one year from the date the building or structure was destroyed or condemned and shall be carried on without interruption.
(e) Abandonment. If a nonconforming use of a building or land is abandoned for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this Zoning Ordinance. Abandonment shall be construed to mean a voluntary cessation of use, and the inability to obtain a tenant where it is established that a tenant has been sought shall not be considered as such.
(Ord. 2717. Passed 2-10-86; Ord 2942. Passed 7-19-93.)