(a)

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 chapter or on the effective date of any amendment hereto by which the use became a nonconforming use, may be continued.

(b)

Number of dwelling units. The number of dwelling units in a nonconforming dwelling use may be increased, provided the following conditions are met:

(1)

The structure shall not be enlarged or extended.

(2)

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

(c)

Expansion or enlargement of nonconforming use. The land area occupied by a nonconforming use shall not be increased except:

(1)

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; or

(2)

Upon motion duly passed by the board of aldermen, in legal session convened, subsequent to a public hearing before the board of adjustment and subsequent to a public hearing before the board of aldermen in legal session convened.

(d)

Extension of nonconforming use in 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; a nonconforming use may, however, be changed to another use by right of the same or higher classification.

(f)

Termination of nonconforming uses. Except as hereinafter provided, any nonconforming use that has been abandoned or discontinued for a period of twelve (12) months shall not thereafter be reestablished.

(Ord. No. 1501, § VII, 7-24-73; Ord. No. 1752, 8-14-79; Ord. No. 2061, 1-8-85)

(a)

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

(b)

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 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 sixty (60) percent of its replacement cost may be restored, provided restoration is begun within one year and completed within two (2) years of the date of the damage, provided that 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, if erected after July 23, 1973 or a conforming structure when this chapter became effective on August 2, 1973, if erected prior to such date 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, if such structure can be legally restored under applicable laws and ordinances and if restoration is begun within one year and completed within two (2) years of the date of the damage.

(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 sixty (60) percent of the replacement cost shall not be restored.

(Ord. No. 1501, § VII, 7-24-73)