This article applies to lots, buildings, and uses in existence on the effective date of this ordinance. The lawful use of any such premises or uses existing on the effective date of this ordinance may be continued although neither such use conforms nor the bulk of the same complies with the requirements, except as hereinafter follows.

8.2.1. A nonconforming use is any use, whether of a building or tract of land or both, existing on the effective date of the ordinance from which this section derives (March 9, 1998) which does not conform to the use regulations of the district in which it is located.

8.2.2. The following provisions shall apply to all buildings and uses existing on the effective date of the ordinance from which this section derives (March 9, 1998) which do not conform to the requirements set forth in this ordinance and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this ordinance.

8.2.2.1. Continuation of nonconforming uses. Any nonconforming use of buildings or open land, except those specified in section 8.4 below may be continued indefinitely, but:

a.

Shall not be enlarged, altered, extended, reconstructed, restored [except as provided in section 8.2.2.1.e.], or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this ordinance, nor shall any external evidence of such use be increased by any means whatsoever.

b.

Shall not be moved to another location where such use would be nonconforming.

c.

Shall not be changed to another nonconforming use without approval by the board of appeals, and then only to a use which, in the opinion of the board of appeals, is of the same or of a more restricted nature.

d.

Shall not be re-established if such use has been abandoned or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so. Discontinuance of a nonconforming use for a period of one year or more shall create a rebuttable presumption of abandonment.

e.

Shall not be restored for other than a conforming use after damage from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within the said one-year period, the nonconforming use of such building shall be presumed to have been abandoned, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.

8.2.2.2. A nonconforming use may be changed to any conforming use and the applicable district bulk regulations and offstreet parking requirements shall not apply to such change of use or to alterations made in order to accommodate such conforming use, provided that such alterations do not create any new or additional nonconformity. In regard to such regulations or requirements nor increase the degree of any such nonconformity as may then exist.

(L.L. No. 1-1998, §§ 2.3, 2.4, 3-9-98)

8.3.1. A noncomplying building is any building in existence on the effective date of the ordinance from which this section derives (March 9, 1998) and which contains a use authorized within the district in which it is located, but does not conform to the district regulations for: lot area, width, or depth; front, side or rear yards; maximum height; lot coverage; minimum livable floor area per dwelling unit; or required offstreet parking, as well as any building which becomes noncomplying by reason of any subsequent amendment to this ordinance.

8.3.2 Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration within, moving or reconstruction of, or enlargement of any noncomplying building, provided that such action does not increase the degree of, or create any new, nonconformity with regard to the district regulations, bulk table provisions or required offstreet parking requirements pertaining to such building. Any such action increasing the degree of, or creating any new, nonconformity shall result in a loss of protected status, to the extent of the new use.

(L.L. No. 1-1998, § 2.5, 3-9-98)

Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable, and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district, and blight the proper and orderly development and general welfare of such district and the community. As such, each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this ordinance; which period of time as [is] specified for the purpose of permitting the amortization of the remaining value, if any, of such use:

8.4.1. In any residence district any nonconforming use of open land including such uses as a parking lot, junkyard, or open storage yard for materials or equipment may be continued for three years after the effective date of this ordinance, provided that after the expiration of that period such nonconforming use shall be terminated.

8.4.2. In any residence district, any sign not of a type permitted, or of a permitted type but greater than the maximum permitted size, may be continued for one year following the effective date of this ordinance, provided that after the expiration of that period such nonconforming use shall be terminated.

Notwithstanding any of the above regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any use or building, or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the building inspector shall state the precise reason why such alterations are deemed necessary.