(a)

Continuance of nonconforming uses. Except as hereinafter provided, the lawful operation of a nonconforming use, as such use existed on the effective date of the ordinance from which this chapter is derived or on the effective date of any amendment hereto by which the use became a nonconforming use, may be continued.

(1)

Compliance with protection standards. Within not more than three years from the effective date of the ordinance from which this article is derived, every nonconforming use shall comply with the protection standards established for the district in which such use is located.

(2)

Maintenance of number of dwelling units. The number of dwelling units in a nonconforming dwelling use shall not be increased over or exceed the number of dwelling units existing in the nonconforming use on the effective date of the ordinance from which this chapter is derived.

(b)

Expansion or enlargement of nonconforming uses. The land area occupied by any nonconforming use on the effective date of the ordinance from which this chapter is derived, or on the effective date of any amendment hereto by which the use becomes a nonconforming use, shall not be increased except to provide open off-street loading space for the nonconforming use, such space to be maintained in accordance with the regulations herein established.

(c)

Extension of nonconforming uses in structures. A nonconforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein.

(d)

Change in nonconforming uses. The nonconforming use of a building may be changed to another nonconforming use that is in the same (or higher) use group as the previous nonconforming use until the building is removed; provided, however, that a certificate of occupancy must be obtained before the change is made.

(e)

Termination of nonconforming uses. Except as hereinafter provided, a nonconforming use that has been abandoned or discontinued for a period of six months shall not thereafter be re-established.

(1)

Open land nonconforming use. A nonconforming use not conducted in a structure, or one in which a structure is incidental to the use of the land, shall, after three years from the effective date of the ordinance from which this article is derived, become a prohibited and unlawful use and shall be discontinued.

(2)

Destruction, damage or obsolescence of structure. The right to operate and maintain any nonconforming use shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed, or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.

(Ord. No. 120, § VI(A), 1981)

(a)

Continuance of nonconforming structures. Except as hereinafter provided, any nonconforming structure may be occupied and operated and maintained in a state of good repair.

(b)

Enlargement or extension of nonconforming structures. A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended; a nonconforming structure in which only permitted uses are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.

(c)

Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60 percent of its replacement cost may be restored, provided restoration is begun within one year and completed within two years of the date of the damage; provided further that any structure so restored shall conform to the height, building site area, and yard requirements of the district in which it is located and to the off-street parking requirements and the off-street loading requirements of this chapter.

(d)

Restoration of obsolete nonconforming structures. A nonconforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 60 percent of the replacement cost shall be removed.

(Ord. No. 120, § VI(B), 1981)