§ 6-3. NONCONFORMING USE OF LAND.

6-3.1.

Continuance of Nonconforming Use of Land. Any nonconforming use legally existing at the time of adoption or amendment of this Ordinance may be continued so long as it remains otherwise lawful subject to conditions provided in this Section.

6-3.2.

Conditions for Continuance. Such nonconforming use of land shall be subject to the following conditions:

(A)

No nonconforming use shall be changed to another nonconforming use unless such use is determined to be of equal or less intensity. In determining whether a nonconforming use is of equal or less intensity, the Board of Adjustment shall consider:

(1)

probable traffic of each use;

(2)

parking requirements of each use;

(3)

probable number of persons on the premises of each use at a time of peak demand;

(4)

off-site impacts of each use, such as noise, glare, dust, vibration or smoke and other impacts on surrounding properties or the public health or safety.

(B)

The number of dwelling units in a nonconforming residential use shall not be increased.

(C)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance.

(D)

If any nonconforming use of land ceases for any reason for a continuous period of more than 180 days, any subsequent use of such land shall be a permitted use in the district in which such land is located.

(E)

The resumption of a nonconforming use of land shall not be permitted if such nonconforming use is superseded by a permitted use for any period of time.

(F)

No additional structure(s) not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

6-3.3.

Extension, Enlargement or Replacement of a Nonconforming Use.

(A)

Except as provided for in subsections (B) through (F), no nonconforming use shall be extended, enlarged, or replaced.

(B)

Any single-family residential nonconforming use (which may be a manufactured home) may be enlarged or replaced with a similar single-family residential structure of the same size or of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to setback requirements.

(C)

Any other nonconforming use may be extended, enlarged, or replaced only upon the issuance of a special use permit if the Board of Adjustment finds that, in completing the extension, enlargement, or replacement work:

(1)

there is no increase in the total amount of lot area devoted to the nonconforming use;

(2)

there is no greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, or density requirements or other requirements such as parking, loading and landscaping requirements; and

(3)

there is no significant adverse impact on surrounding properties or the public health or safety.

In issuing a special use permit, the Board of Adjustment may affix other reasonable and appropriate conditions such as, but not limited to, landscaping and buffering to separate dissimilar uses or to screen parking and loading areas.

(D)

A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building unless specifically authorized in accordance with subsection (C).

(E)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the limits of the site plan upon which the mining permit was granted if ten percent or more of the natural materials had already been removed on the effective date of this Ordinance.

(F)

The volume, intensity, or frequency of use of property where a nonconforming use exists may be increased and the equipment or processes used at a location where a nonconforming use exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind or use and no violations of other Sections of this Article occur.