§ 62.104. Nonconforming uses of land.

Nonconforming uses of land are subject to the following provisions:

(a)

A legal nonconforming use of land may continue unless it is discontinued for a period of more than one (1) year.

(b)

A legal nonconforming use shall not be expanded to a greater height or to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this code unless the planning commission approves a permit for the expansion as set forth in section 62.109(d).

(c)

A nonconforming use shall not be moved in whole or in part to any other portion of the lot unless the planning commission approves a permit for the relocation as set forth in section 62.109(d).

(d)

If a legal nonconforming use of land ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located.

(e)

Any land on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulation for the district in which such land is located and the nonconforming use may not thereafter be resumed.

(f)

An existing off-street parking space for one- and two-family dwellings in a required front or side yard shall be considered a legal nonconforming use provided the parking space was established pursuant to a curb cut permit issued by the department of public works prior to October 25,1975, and the parking space has existed continuously since the permit was issued or it can be demonstrated by clear and convincing evidence that the parking space has been in existence and used continuously since October 25, 1975. The burden of proof shall be on the property owner.

(g)

Any replacement of equipment shall not result in an increase in noise, vibration, glare, dust, or smoke.

(Ord 12-71, § 2, 12-12-12)