(A) Abandonment. Under this chapter a nonconforming use may be abandoned subject to the following:
(1) Determination. A nonconforming use of land or of a structure in a district that is discontinued or remains vacant for a continuous period of six months shall be presumed to be abandoned and shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of the structure or land site must conform with the regulations for the district in which it is located. This subsection shall not apply to the residential use of a nonconforming dwelling unit in the "NC" "GC", or "GI" districts.
(2) Overcoming presumption of abandonment. The presumption of abandonment may be rebutted upon showing, to the satisfaction of the Building Official, that during such period the owner of the land or structure has been:
(a) Maintaining the land and structure in accordance with the building code and did not intend to discontinue the use;
(b) Actively and continuously marketing the land or structure for sale or lease for that particular nonconforming use; or
(c) Engaged in other activities that would affirmatively prove there was not intent to abandon.
(3) Calculation of period of abandonment. Any period of such discontinuance caused by government action, fire or natural calamities and without any contributing fault by the nonconforming user shall not be considered in calculating the length of discontinuance pursuant to this section.
(B) Movement, alteration and enlargement. No nonconforming use may be moved, enlarged or altered and no nonconforming use of land may occupy additional land, except as follows:
(1) Enlargement. A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or land site that it did not occupy on the effective date of the provisions of this chapter. However, a nonconforming use may be extended within the same structure, provided no structural alteration of the structure is proposed or made for the purpose of the extension. The enlargement, expansion or extension of a nonconforming residential use shall be excepted from this limitation, provided that the enlargement, expansion or extension does not exceed fifty (50) percent of its appraised value as it existed prior to the enlargement, expansion or extension; it was not destroyed to the extent of 50% or more; and, it complies with all other regulations, e.g. height, setbacks, etc., for the property on which it is located.
(2) Exterior or interior remodeling or improvements to structure. Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the nonconforming use.
(3) Relocation of structure. A structure containing a nonconforming use may not be relocated to another site unless the use shall conform to the regulations of the district into which the structure is relocated.
(4) Change of nonconforming nonresidential use to another nonconforming use. Upon application to the Building Official, a nonconforming use may be changed to another nonconforming use of the same or similar type or intensity or to another nonconforming use of the same or similar type, but of less intensity. Whenever any nonconforming nonresidential use is changed to a less intensive nonconforming nonresidential use, such use shall not be changed back to a more intensive nonconforming nonresidential use. Whenever any nonconforming nonresidential use is changed to a conforming use, such use shall not later be changed to a nonconforming use.
(Ord. 09-0721, passed 7-21-2009)