The following provisions shall apply to all uses, structures, and lots lawfully existing on March 1, 1962, which do not conform to the requirements set forth in these regulations, and to all uses, structures, and lots established after March 1, 1962, that, although conforming to the Zoning Regulations at the time of their establishment, no longer conform by reason of amendments to the regulations. (The words "use" and "structure" in this article shall refer to both the principal and accessory uses and structures on a lot.)

A.

Continuation of a nonconforming use. Any nonconforming use may be continued indefinitely, but may not be changed, resumed after discontinuance, or expanded except as provided below.

B.

Change of a nonconforming use. Any nonconforming use may be changed to another nonconforming use, providing that the new nonconforming use, in the opinion of the Zoning Board, does not increase the adverse effect on the surrounding area. Conditional use approval and site development plan approval shall also be required.

C.

Resumption of a nonconforming use. A nonconforming use which has been discontinued will be governed by the following regulations:

(1)

A nonconforming use which has been discontinued for a period of up to l80 days may be resumed without Zoning Board or Planning Commission approval.

(2)

A nonconforming use which has been discontinued for a period of 181 days or longer shall not be resumed unless a permit for extension has been obtained from the Administrative Officer prior to the expiration of the first 180 days. The first permit for extension shall be effective for one year from the date of issue, and up to three six-month renewals may be issued so long as application for each renewal is made prior to the expiration of the prior renewal. The maximum time from date of discontinuance of the nonconforming use to expiration of all extensions shall be three years.

(3)

A nonconforming use which has been discontinued for a period of between l8l days and three years may be resumed only if the permits required in Subsection C(2) have been obtained and the Zoning Board finds that the resumed nonconforming use will not adversely affect the surrounding area. Conditional use approval and site development plan approval shall also be required.

(4)

A nonconforming use which has been discontinued for three years or more, or for which the permits required under Subsection C(2) have been allowed to expire, shall not be resumed, nor shall it be replaced with another nonconforming use.

(5)

A nonconforming use which has been changed to a conforming use shall not be resumed.

(6)

The intent to resume a nonconforming use shall not confer the right to do so.

(7)

A nonconforming use shall be considered discontinued if substantial operation of the nonconforming use of the lot or structures on the lot has not occurred for a continuous period of time. In considering whether or not a nonconforming use has been discontinued, the Zoning Board shall make findings about some or all of the following factors:

(a)

Whether physical changes have been made on the lot or to a structure or sign on the lot.

(b)

Whether machinery and equipment customarily used to perform the nonconforming use have been removed from the lot.

(c)

Whether there has been a change of customary business practices.

(d)

Whether revenues have been received and expenses incurred during the period of discontinuance and, if so, to what extent and for what use.

(e)

Whether a lease (or a sale) of the lot for a use different from the nonconforming use has occurred.

(f)

Whether licenses or other permits necessary to perform the nonconforming use have been renewed and whether insurance coverage has been renewed.

(g)

Whether any performance of the nonconforming use that has occurred has been merely of a token extent.

(h)

Whether there has been a decrease or termination in the use of utilities, such as water, wastewater, telephone, heating fuel, solid waste disposal, and electrical usage.

(i)

Whether the nonconforming use, if formerly "open to the public," has continued to be "open to the public."

(j)

Whether the lot, and structures, machinery, and equipment on the lot have received normal maintenance.

(k)

Whether there has been a decrease in traffic to and from the lot.

(l)

Whether the personnel who perform the use have been present on the lot.

(m)

Whether what may appear to be discontinuance is in fact a shutdown for repairs or renovations.

(n)

Whether discontinuance is the result of an inability to locate a tenant to continue the nonconforming use in spite of a diligent search to find such a tenant.

D.

Expansion of a nonconforming use. The Zoning Board may allow the expansion of any nonconforming use on a lot or within a structure on a lot up to 20% greater than its existing size at the time it became a nonconforming use, provided that such expansion does not adversely affect the surrounding area. Conditional use approval and site development plan approval shall also be required. Single- and two-family dwellings which are nonconforming uses may expand without Planning Commission or Zoning Board Approval.

A.

Continuation of a noncomplying structure. Any noncomplying structure may be continued indefinitely, but may not be expanded, or repaired or reconstructed after destruction or damage, except as provided below.

B.

Expansion of a noncomplying structure.

(1)

A noncomplying structure may be expanded only in conformity with the dimensional requirements of the Zoning Regulations unless a variance or setback waiver from those dimensional requirements is obtained from the Zoning Board of Adjustment. A variance or setback waiver may be granted in accordance with § 260-49 or 260-52.

(2)

Single- and two-family dwellings and their accessory structures which already exist within the setback area for a lot may be expanded without the necessity for a variance or setback waiver, providing:

(a)

The expansion comes no closer to the lot line than the existing structure;

(b)

The height of the addition does not exceed the maximum height normally allowed; and

(c)

The length of the side of the structure extending into the setback shall not exceed 20% of the original length of the noncomplying structure. This expansion shall only be allowed once without a variance or setback waiver.

C.

Repair or reconstruction of a noncomplying structure. A noncomplying structure which has been destroyed or damaged by a fire, explosion or other catastrophe may be repaired or reconstructed within the same footprint, but only if such repair or reconstruction is commenced within two years and completed within three years of such destruction or damage.

D.

Normal maintenance and repair of a noncomplying structure. Nothing in this section shall be deemed to prevent the structural alteration or repair, the substantial rehabilitation or remodeling, or the normal maintenance of a noncomplying structure, provided that such action does not have the effect of increasing the degree of noncompliance.

In considering whether or not a change, resumption, or expansion of a nonconforming use will adversely affect the surrounding area, the Zoning Board shall make findings about some or all of the following factors:

A.

The history of use of the lot.

B.

The size and location of adjoining and neighboring lots.

C.

The uses made, or which have received zoning permits to be made, of adjoining lots and the impact of the proposal on those uses.

D.

The location of existing and proposed structures on the lot and the relation of those structures to those on adjoining lots and to the dimensional requirements of the Zoning Regulations.

E.

The objective of the zoning district in which the lot and adjoining lots are located as defined in § 260-20 of the Zoning Regulations.

F.

The suitability of the proposed expanded use to the character of the neighborhood.

G.

Whether an increase in business hours or a change in hours from daytime to nighttime will result and the effect of such an increase or change on adjoining uses and the neighborhood.

H.

Whether the proposed use will result in an increase in noise, fumes, dust, or odors.

I.

Whether greater volumes of vehicular traffic will be generated and what impact this greater volume of traffic will have on the use of adjoining lots, on the neighborhood, and on pedestrian and vehicular safety.

J.

Whether there will be an increase in the number of employees.

K.

Whether there will be an increase in outdoor activity or outdoor storage.

L.

Whether there is adequate off-street parking as required by the Zoning Regulations.

M.

Whether there will be an increase in storm drainage and lighting on adjoining lots and in the neighborhood.

N.

Whether there will be screening or landscaping to lessen any adverse effects on adjoining lots and the neighborhood.

O.

Whether there is an increase in the visibility of the use from adjoining lots and from public ways.

P.

Whether the proposed use is providing a service to the neighborhood.

Q.

Whether there is an increase in safety risk to the neighborhood.

R.

Whether there is a change from seasonal to year-round use.

In zoning districts where the minimum lot size is greater than 1/8 acre, existing small lots may be developed if they are at least 1/8 of an acre in area with a width or depth of at least 40 feet. In zoning districts where the minimum lot size is less than 1/8 acre, existing small lots may be developed upon the granting of conditional use approval.