Defined. As used in this section, the following terms shall have the meanings indicated:

Replacement of nonconforming structure. When a nonconforming structure is removed from a parcel, it must be replaced with a conforming structure.

Continuance permitted. A nonconforming use may be continued on the same land area and within the same floor area as that which existed on the date when the use first became nonconforming.

Parking, loading and sign nonconformance exempted. A permitted use shall not be considered nonconforming for failure to comply with off-street parking requirements, off-street loading requirements or sign regulations.

Change to permitted use. A nonconforming use may be changed within its existing structure or on its existing land area to a conforming use or to any use which is a permitted use in a more restrictive district than the district in which the nonconforming use is located.

Enlargement or extension. The area occupied by a nonconforming use within an existing structure or on a tract of land may not be enlarged or extended.

Maintenance of off-street parking and loading space. All off-street parking and loading space operated by or associated with a nonconforming use on the date it becomes nonconforming shall be maintained in accordance with all of the specifications of §§ 475-150, 475-151 and 475-153A of Article XVIII, Off-Street Parking and Loading. If, on the date the use becomes nonconforming, it has off-street parking area in excess of that required by these regulations for that permitted use, then the off-street parking area may be reduced to no less than the required amount. If, on the date the use becomes nonconforming, it has less than the required amount of off-street parking required by this chapter for that permitted use, no action shall be taken which will further reduce the area devoted to off-street parking.

Discontinuance. If active and continuous operation of a nonconforming use is discontinued for nine months, the structure or tract of land shall thereafter be used only for a conforming use. A stated intent to resume operations shall not affect this provision.

Damage or destruction of structure; termination of use. A nonconforming use shall terminate if the structure on which it is operated is damaged or destroyed in any manner whatsoever and the estimated cost of repairing the damage exceeds 60% of the replacement cost of the structure on the date of the damage.

Damage or destruction of structure; dispute of extent. In the event the value or cost assigned by the Town is not agreed to by the owner of the structure, the value shall be set by three independent appraisers, one selected by the Town Council, another by the owner of the structure and the third by the two appraisers already selected. The decision of a majority of the appraisers shall be binding upon all parties. The cost of the appraisal process shall be borne by the property owner.

Defined. As used in this section, the following terms shall have the meanings indicated:

Alteration, repair, enlargement. A nonconforming structure may be altered, repaired or enlarged, provided its degree of nonconformity is not increased.

Unsafe; restoration. A nonconforming structure found to be unsafe may be restored to a safe condition only if the cost of making the structure safe is less than 40% of the replacement cost of the structure on the date of the determination that the structure is unsafe. The Town official or designated representative shall have the authority to determine if a structure is unsafe. The replacement cost shall be determined as described in § 475-235J.

Damage or destruction. The right to operate and maintain a nonconforming structure shall terminate if the structure is damaged or destroyed in any manner and the cost of repairing the damage exceeds 60% of the replacement cost of the structure on the date of the damage. The replacement cost shall be determined as described in § 475-235J.