§ 18-306. Change of use.

(a) Change described.

A change of use occurs when an existing nonconforming use has been terminated and another use has commenced.

(b) When change allowed.

A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located.

(1) In general.

When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that has been made to conform may not later be changed back to a nonconforming use.

(2) Exceptions.

In the R-1A, R-1B, R-1C, R-1D, R1-E, R-1, R-2, R-3, and R-4 zoning districts the zoning administrator may authorize the reestablishment of a residential nonconforming multifamily use that has lapsed up to the same number of units or a number less than the number of units that were legally established, if:

(i) the unit was a legally established multi-family dwelling unit; and

(ii) the structure was not altered to become a single-family dwelling unit.

(d) Violation constitutes abandonment.

Any change in use that violates this Code constitutes an abandonment of the previously existing nonconforming use.