A.

A nonconforming use is a use of land or of a building or other structure which was lawful when that use commenced and which ceased to conform to the appropriate district regulations solely because of a change in those regulations.

B.

A nonconforming structure is any building or structure or any part of a building or structure which was lawful when it was fully commenced and which ceased to conform to the appropriate district regulations solely because of a change in those regulations. For the purpose of this subsection, "fully commenced" means that a permit was lawfully issued on the basis of completed plans, and in the case of the construction of a new building or structure, construction of the foundation was completed before the effective date of the change in regulations.

C.

Where the principal use of a lot is in compliance with the applicable regulations and where accessory uses are not, but are nonconforming uses under this section, then:

1.

The provisions of this chapter relating to continuation, discontinuation and expansion or alteration shall apply to each separate use individually.

2.

The provisions of this chapter relating to destruction and reconstruction shall apply to the total use of the lot and all uses, conforming and nonconforming, shall be deemed a single, nonconforming use.

3.

The provisions of this chapter which relate to signs and parking shall apply fully.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

Where a nonconforming structure has been constructed under a valid permit, and where that structure is completed within one (1) year of the effective date of the change in regulations which rendered it nonconforming, then where applicable, a certificate of occupancy shall be issued for that structure.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

A nonconforming use may continue as a lawful use until it is discontinued, whether or not the use is in a building designed for that use. Once a nonconforming use has been discontinued it may not be resumed. The term "discontinued" shall mean and include: a change of use; or a cessation or abandonment of use accompanied by an intent not to resume such use. Any of the following circumstances shall be prima facie evidence of an intent to cease or abandon a use:

1.

The establishment of some use other than the lawful nonconforming use at issue; or

2.

Any act indicating such intent; or

3.

Any failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising the property for sale or lease; or

4.

In the case of a structure or a combination of land and structure, discontinuation of the nonconforming use for twelve (12) consecutive months; or

5.

In the case of land only, discontinuation of the nonconforming use for ninety (90) consecutive days or for a total of six (6) months during any one-year period.

B.

A nonconforming use may be changed to a use permitted in the district in which the property is located. If the proposed new use is one which requires a condition or special use permit, the procedures for such permit must be followed before the new use may be undertaken.

C.

No nonconforming structure may be altered, expanded or otherwise changed and no nonconforming use may be extended, enlarged or expanded except:

1.

As may be required to conform to health or safety codes applicable to the premises; or

2.

A structure may be altered to bring it into conformity with the applicable regulations; or

3.

A use may be changed to one which is permitted in the district in which the property is located; or

4.

A structure which is nonconforming solely by reason of violation of one (1) or more of the following requirements for the district in which it is located, to wit: (i) minimum front, side or rear yard, (ii) minimum lot width, or (iii) minimum lot area, and which violation(s) does not infringe upon the respective required minimum standard by more than thirty-three and one-third (33⅓) percent, may be altered, expanded or otherwise changed if:

a.

The structure is used exclusively in association with a use permitted in the zoning district in which the property is located; and

b.

Any expansion or accessory structure would be no greater than twenty-five (25) percent of the main floor area of the structure; and

c.

The alteration, expansion or other change is in conformity with all applicable zoning regulations and will not increase the extent to which the structure violates the yard requirements applicable to the property.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

A.

When a nonconforming building or structure, including a sign, is damaged to the extent of over 60 percent of its fair market value immediately previous to that damage, it shall not be restored except in conformity with the applicable district regulations.

B.

When a building or structure in which a nonconforming use exists is damaged to the extent of 60 percent of its fair market value immediately previous to that damage, that nonconforming use shall not be resumed.

C.

When a building or other structure is reconstructed to the extent of 40 percent or more in floor area, that building or structure shall have sufficient parking spaces as provided in this Title upon reconstruction or repair.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)

All parking areas which are specifically regulated by this Title shall conform to the provisions of this Title regarding the placement and grading of entrances and exits, and the establishment and maintenance of planting areas between the curb of the lot and the sidewalk by January 1, 1980. No commercial parking lot which does not meet the requirements of this Title regarding grading and placement of entrances and exits, or planting areas, may provide for parking within sixty-five feet of the center line of Manchester Road.

(Ord. No. 2800, § 1(Exh. A), 10-9-17)