a.

General. Nonconforming uses are declared generally incompatible with the permitted uses in the zoning district in which they are located. Nonconforming uses shall be subject to the standards in this section.

b.

Extension, expansion, or relocation.

1.

A nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot, except an existing nonconforming use may extend into any portion of a structure that was clearly designed or arranged for the particular use when the use became nonconforming, subject to the limitations in subsection 2. below.

2.

A nonconforming use shall not be increased in intensity or impact with regard to its impact on surrounding properties due to noise, smoke, odor, glare, vibration, radiation, or fumes on neighboring properties.

c.

Change in use.

1.

An existing nonconforming use may be converted to another nonconforming use, subject to approval of a special exception permit (see section 25-39, special exception use permit) with the following additional findings:

i.

The new nonconforming use is equally appropriate or more appropriate to the district than the existing nonconforming use;

ii.

The new nonconforming use would improve the character of the immediate neighborhood; and

iii.

Any appropriate conditions are placed on the use to ensure compliance with these findings and the standards for a special exception use permit in accordance with section 25-39, special exception use permit.

2.

Except as provided in subsection 1. above, a nonconforming use may only be changed to a use that is permitted in the zoning district in which it is located. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

d.

Discontinuance or abandonment of nonconforming use.

1.

If a nonconforming use ceases to operate or is discontinued or abandoned for a period of six (6) consecutive months or longer, or eighteen (18) months within a three-year period, it shall not be reestablished and shall only be replaced with a conforming use.

2.

Any property owner executing a lease, as lessor, after January 1, 2025 shall be determined to have notice of this provision, and any discontinuance of a nonconforming use by a lessee under such a lease shall be conclusively presumed to have been with the knowledge and consent of the lessor.

e.

Structures used for nonconforming use. Any reconstruction or repair of a damaged nonconforming structure in which a nonconforming use is located shall be subject to the same provisions applicable to nonconforming structures in section 25-193, nonconforming structures.

(Ord. No. 9572, § 2, 12-17-24)