Nonconforming uses shall be subject to the following standards:
(a) Enlargement. A nonconforming use may be enlarged, increased or extended beyond the area it occupied as of March 20, 2012, provided that the Board of Zoning Appeals finds all of the following:
(1) The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets;
(2) The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use;
(3) All increases and enlargements do not exceed 25% of the area that the nonconforming use occupied as of March 20, 2012.
(b) Relocation. No nonconforming use shall be moved in whole or in part from its structure as of March 20, 2012, to any other part of such parcel, building, structure, or to another lot except in compliance with this Code.
(c) Discontinuance and Abandonment.
(1) If a nonconforming use is voluntarily discontinued for a period of six consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Code for the district in which such property is located;
(2) Discontinuance of a nonconforming use may be indicated by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.
(d) Damage or Destruction. If any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than 50% of its fair market value prior to the destruction, such use shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning Appeals, which may, if necessary, consult with a City-appointed appraiser.
(e) Change in Use/Substitution.
(1) The Board of Zoning Appeals may permit a nonconforming use to be changed to a second nonconforming use, provided that the new use shall be of the same general character or of a character less intensive than the original nonconforming use, and provided the new use will result in equal or less impact on the surrounding community and district.
(2) A nonconforming use that changes to a conforming use or to a second nonconforming use as set forth in subsection (1) above may not thereafter revert to the original nonconforming use.
(f) Accessory Uses. No use that is accessory to a principal nonconforming use shall continue after such principal nonconforming use ceases or terminates.
(g) Nonconforming as to Parking.
(1) Nonconformity as to off-street parking or loading shall not render a use subject to the conditions of this section;
(2) A use that is nonconforming as to off-street parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading is provided;
(3) The Board of Zoning Appeals may permit a nonconforming use to provide off-street parking or loading on a lot other than the lot on which the use is located.
(Ord. 2013-69. Passed 12-17-13.)