(a)   Application. A person who wishes to register a nonconforming use shall file an application on a form provided by the Office of Planning and Zoning, except that a nonconforming dwelling may not be registered.

   (b)   Posting. For a period of 14 days after filing an application to register a nonconforming use, the applicant shall post one or more signs on the property. Signs shall be furnished by the Office of Planning and Zoning and posted and maintained by the applicant.

      (1)   No enforcement action under Title 17 to abate a use of property in violation of this article shall be initiated 20 years or more after the date the use commenced, if:

         (i)   the use is operated by the owner of the property and has been in existence continuously since first commenced; and

         (ii)   the property on which the use is located has been owned by the same owner since the use commenced.

      (2)   A use to which subsection (e)(1) applies shall be registered and classified by the Office of Planning and Zoning as a "twenty-year registered use."

      (3)   A use to which subsection (e)(1) applies shall terminate when the use ceases operation for 12 consecutive months or when the scope of the use is so significantly reduced during the 12 month period as to change its nature or character, or upon a transfer of ownership from the owner described in subsection (e)(1)(ii), unless that transfer of ownership is to a child of the owner who continues to operate the use without cessation.

(Bill No. 4-05; Bill No. 38-14; Bill No. 7-15)

   (a)   Change in use. A nonconforming use may be changed to another use allowed by this article if the Planning and Zoning Officer determines the new use to be of the same or a less intensive nature or character. A new use shall be considered to be of the same or less intensive nature or character only if the following are the same or less than the existing use: the number and kind of vehicular trips; the nature of any outside storage, loading, and parking; hours of operation; and impact on natural features.

   (c)   Reconstruction, repair, or relocation. A nonconforming use or a structure in which the use is located may be reconstructed, repaired, or relocated.

      (1)   Except to the extent permitted by subsection (d) and § 18-15-103, the reconstruction or relocation may not increase the nonconforming status of the property or result in a greater nonconformance than previously enjoyed.

      (2)   Reconstruction, repair, or relocation may not occur on a lot other than the one on which the nonconforming use was originally located.

      (3)   Nonconforming structures that have been damaged but not destroyed by fire or natural catastrophe may be reconstructed, repaired, or relocated within 20 years of the damage in accordance with subsections (c)(1) and (2).

      (1)   the expansion of a nonconforming use single-family dwelling if the expansion is set back at least seven feet from each side lot line and 25 feet from the front and rear lot lines and if the expansion does not cause the structure to exceed a height of 35 feet;

      (2)   notwithstanding any other provisions of this Code, the registration and use of a nonconforming dwelling reconstructed, repaired, or relocated pursuant to subsection (c) as a nonconforming dwelling unit use if the structure was previously used as a dwelling unit prior to being damaged by fire or natural catastrophe; or

      (3)   structures accessory to the nonconforming use dwelling if the accessory structure is located in a side or rear yard, set back at least seven feet from side and rear lot lines, and does not exceed a height of 25 feet or the height of the principal structure, whichever is less.

(Bill No. 4-05; Bill No. 69-07; Bill No. 93-12; Bill No. 69-14; Bill No. 116-21)

   (a)   Expansion or combination of floor area. Subject to the requirements of this section and § 18-16-304, the Administrative Hearing Officer may grant a special exception for expansion of a nonconforming use or a special exception for combining floor area when more than one structure on the same property is used for the nonconforming use, subject to compliance with the following:

      (1)   a proposed expansion of floor area, land area, or water area may not exceed 30% of the area authorized under the nonconforming status of the property, except that each type of area is to be considered separately and no area may be substituted for another area;

      (2)   existing and proposed facilities shall meet the lot area, screening, land-to-water ratio, height, parking, lot coverage, and, to the extent feasible, setbacks for the use specified in the zoning district in which the use is allowed;

      (3)   construction shall be designed to be as inoffensive as practicable in appearance and location to other properties in the area and, whenever practical, similarity in design to other buildings in the area and appropriate landscaping shall be provided; and

      (4)   construction shall be undertaken in accordance with the requirements of this section and of the Administrative Hearing Officer concurrently so that each change or improvement is completed at or near the same time.

   (b)   Marina storage rack building. The Administrative Hearing Officer, subject to the requirements in Title 11, may grant a special exception for a multilevel watercraft storage rack building in a marina with nonconforming travel lift facilities and dry storage of watercraft.

(Bill No. 4-05)

      (1)   two years in which the use ceased because of government action, or destruction due to fire or natural catastrophe; or

      (2)   twenty years in which the use of a nonconforming use structure ceased because of damage, but not destruction, caused by fire or natural catastrophe.

(Bill No. 4-05; Bill No. 69-07; Bill No. 50-17; Bill No. 116-21)