A.

NONCONFORMING USES: REGULATIONS

1.

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

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 this ordinance.

3.

Expansion or enlargement of nonconforming uses. The land area occupied by any nonconforming use on the effective date of this ordinance, or on the effective date of any amendment hereto by which the use became a nonconforming use, shall not be increased except to provide open 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.

4.

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.

5.

Change in nonconforming uses. Except as hereinafter provided, a nonconforming use may be changed to another use enumerated in the same group of Permitted Uses, or in the group of Permitted Uses of a more restricted district, and when so changed shall not thereafter be changed back to the former nonconforming use; a nonconforming use shall not be changed to another use enumerated only in the group of Permitted Uses of a less restricted District. A nonconforming use not conducted in a structure, or one in which a structure is incidental to the use of the land, shall not be changed to any other nonconforming use.

6.

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 reestablished.

a.

Open land nonconforming uses. 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 this ordinance, become a prohibited and unlawful use and shall be discontinued.

b.

Destruction, damage, or obsolescence of structures. 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.

B.

NONCONFORMING STRUCTURES: REGULATIONS

1.

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

2.

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 areas are operated may be enlarged or extended if the enlargement or extension can be made in compliance with all of the provisions of this ordinance established for structures in the district in which the nonconforming structure is located.

3.

Restoration of damaged nonconforming structures. A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 75% 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 ordinance.

4.

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 50% of the replacement cost shall be removed.