1. Continuation of use. Any use which is made nonconforming by any use regulations of this Chapter or by any subsequent amendments thereto, may be continued, except as hereinafter provided.
2. Change in use. Such nonconforming use may be changed to a use permitted in the same district as the nonconforming use; provided, however, that no nonconforming residential dwelling or dwelling unit situated in an M District shall be altered, enlarged or changed in such manner as to create additional nonconforming dwelling units. Once a nonconforming use is changed to a use first permitted in a more restrictive district, such use shall thereafter not revert to a use first permitted in a less restricted district.
3. Enlargement or extension. Such nonconforming use shall not be enlarged or extended, except that in any C or M District, any nonconforming building may be enlarged to an extent not exceeding 25%, in the aggregate, of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use nor violate any height, yard, parking area or other open space requirement of this Chapter. When the total of all enlargements equal 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargements shall be permitted.
4. Repair or alteration.
A. Nothing herein shall be deemed to prevent normal maintenance of a building or other structure containing a nonconforming use, including nonstructural repairs and incidental alterations not extending the nonconforming use.
B. No structural alterations shall be made in a building or other structure containing a nonconforming use except:
(1) When required by law;
(2) To restore to a safe condition any building or structure declared unsafe by the Building Inspector;
(3) To accomplish permitted enlargements; or
(4) To accomplish a change to a conforming use or to a more restricted use.
5. Restoration. Such nonconforming building or other structure which has been damaged or destroyed by any means to the extent to 50% or more of its market value, as determined by a Township Assessor, or which has been condemned by the Building Inspector and ordered to be demolished, shall not be rebuilt or repaired except in conformance with the regulation of this Chapter. In the case of a permitted restoration of a nonconforming use, neither the floor area nor the cubical content shall be increased from the original nonconforming building or other structure.
6. Discontinuance. In any district, whenever a nonconforming use of land, building or other structure, or any part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not thereafter be re-established, and all future use shall be in conformity with the provisions of this Chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or a part or portion thereof, for such period of one year, is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, other structures, machinery, equipment or other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed at the time of such abandonment and all rights to re-establish or continue such nonconforming use shall thereupon terminate.
7. Cessation. The following nonconforming uses may be continued for a period of three years, provided that after the expiration of such period, any such nonconforming use shall become an unlawful use and shall be terminated.
A. In any R District, any nonconforming use not in an enclosed building including, but not limited to, junk business, auto wrecking and dismantling, and the storage of motor vehicles which do not qualify for state motor vehicle inspection.
B. In any R District, the parking or storage of equipment or commercial vehicles exceeding three-fourths ton rated capacity.
C. In any R District, a nonconforming sign, or a nonconforming building or other structure with an assessed value under $500.
(Ord. 1983-2B, passed 4-30-1984; Ord. 1989-1, passed 3-13-1989)