(a)

Continuance of a nonconforming use. Except as hereinafter provided the lawful operation of a nonconforming use, as such 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.

(b)

Number of dwellings. The number of dwellings in a nonconforming multifamily residential building may be increased provided the following conditions are met:

(1)

The building shall not be enlarged or extended.

(2)

The number of dwellings shall not be increased to more than the number of dwellings permitted in districts where the use would be conforming.

(c)

Expansion or enlargement of a nonconforming use. The land area occupied by a nonconforming use shall not be increased except to provide one off-street parking space or open off-street loading space for the nonconforming use, such space to be maintained in accordance with the regulations herein established.

(d)

Extension of a nonconforming use in a structure. 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.

(e)

Change in use. A nonconforming use shall not be changed to another use of lower or less restrictive classification; however, a nonconforming use may be changed to another use by right of the same or higher classification.

(f)

Termination of a nonconforming use. Except as hereinafter provided, any nonconforming use that has been abandoned or discontinued for a period of 12 months shall not thereafter be reestablished. Change of ownership alone shall not constitute abandonment.

(Ord. No. 533, § 2(30), 4-13-1999)

(a)

Continuance of a nonconforming structure. 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 a nonconforming structure.

(1)

A nonconforming structure in which a nonconforming use is operated shall not be enlarged or extended.

(2)

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.

(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:

(1)

Restoration is begun within one year and completed within two years of the date of the damage;

(2)

A structure damaged as the result of fire, flood, windstorm, earthquake or other unforeseen cause, which was a conforming structure at the time of its erection but which structure has since become nonconforming as the result of a change in this chapter or the zoning map, may be restored regardless of the extent of the damage thereto and the nonconforming use of the structure continued; and

(3)

If such structure can be legally restored under other applicable laws and ordinances.

(d)

Restoration of obsolete nonconforming structures. A nonconforming structure which becomes obsolete or substandard under any applicable ordinance and for which the cost of replacing such structure in lawful compliance with the applicable ordinance exceeds 60 percent of the replacement cost shall not be restored.

(Ord. No. 533, § 2(31), 4-13-1999)