§ 27-704. Nonconforming Uses of Land.

1. 

Lawful uses of land, which at the effective date of this chapter or subsequent amendment thereto become nonconforming: such nonconforming use or uses may be continued by the present or any subsequent owner so long as they remain otherwise lawful, subject to the provisions listed within this article of this chapter.

2. 

A nonconforming land use shall not be enlarged, increased and/or extended in order to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

3. 

Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be reestablished, except if the owner of such property files within 30 days of the date of discontinuance a letter of intention to maintain such use. If such certificate is filed in the time period for which a nonconforming use may be discontinued and still be reestablished, such nonconforming use shall be permitted to be reestablished; however, it must be reestablished within 12 months from receipt of the letter of intent to maintain such use.

4. 

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use shall not be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such at the effective date of adoption or amendment of this chapter.

5. 

A nonconforming use of land may be changed to another nonconforming use, provided that the proposed use is equally appropriate or more appropriate to the zoning district than the existing nonconforming use. Such determination shall be made by a special exception granted by the Zoning Hearing Board, which shall take into consideration the following issues: the intent of the provisions for the zoning district; the ability to change the use to a conforming use; traffic generation and congestion; noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration or other nuisances; external storage; solid waste disposal; sewer and water facilities; and the general impact of the use compared to the uses within 500 feet of the property lines.

6. 

No additional structures which do not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

Ord. 2227, 12-10-2013