A lawful nonconforming use of a structure or land may conditionally be permitted to be extended, enlarged, or structurally altered only pursuant to the terms of this section and only if there is no negative impact on neighboring properties or their occupants. Whether to conditionally permit any extension, enlargement, or structural alteration of a nonconforming use or structure is a discretionary decision of the Plan Commission, and the Plan Commission may grant a request subject to certain conditions and/or for a certain term. Owners and operators of lawful nonconforming uses and structures do not have an automatic or vested right to extension, enlargement, or structural alteration. If permitted, any extension, enlargement, or structural alteration to a lawful nonconforming use or structure shall be deemed a conditional use for the zoning district in which the property is situated and shall be strictly limited to its terms. Any request to extend, enlarge, or structurally alter a lawful nonconforming use or structure must be made by application for a conditional use permit as set forth in §
298-29. A hearing on the application for a conditional use permit shall be held in accordance with §
298-30. No request to extend, enlarge, or structurally alter a lawful nonconforming use or structure may be granted unless the Plan Commission finds that all of the conditions identified in §
298-32 of this chapter are present and that there is no negative impact on neighboring properties or their occupants. If a conditional use permit is granted to authorize the extension, enlargement, or structural alteration of a lawful nonconforming use or structure, the conditional use permit shall be subject to all of the ordinances governing conditional use permits.
[Added 3-13-2024; amended 3-13-2024]