A nonconforming use may be changed to any use that is in conformance with the uses permitted by right in the district in which it is located. A nonconforming use shall not be changed to any other type of nonconforming use without the prior approval of the zoning board of adjustment, which may grant a change of occupancy from one nonconforming use to another, provided the use is within the same or a more restrictive classification as the original nonconforming use; provided, however, that such nonconforming use and occupancy will not tend to prolong and continue the nonconformity of the use. A nonconforming use, once changed from a less restrictive to a more restrictive classification use, shall not be changed thereafter to a less restrictive classification use, and such prior less restrictive classification use shall be considered abandoned.

A nonconforming use that is destroyed by fire, explosion, natural disaster, or act of God can be rebuilt or repaired to its pre-disaster status and square footage provided that a building permit is applied for within 12 months from the date of the disaster and construction is completed within 24 months. A nonconforming use that is not repair within the above timeframe shall not be extended or rebuilt in case of total destruction by fire, explosion, natural disaster, act of God, or other cause. In the case of partial destruction by fire or other causes not exceeding 50 percent of its value, the building official shall issue a permit for reconstruction or replacement providing that the reconstruction or replacement does not violate the zoning regulations applicable to the premises, including the provisions of this article, other than the violations, if any, existing on the premises, including the building or property, prior to reconstruction or replacement. If greater than 50 percent and less than the total value, the zoning board of adjustment may grant a permit for repair after a public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this chapter as stated herein.

When a nonconforming use is abandoned without the intent to resume, the property must only be used thereafter in compliance with this chapter. This section does not apply to properties actively seeking use through transfer of ownership (sale) or use (lease). A use is considered abandoned if the facts show the owner’s intent to discontinue the use or activity and the discontinuance of the use continues for one year or more.