Any building, structure or use which existed lawfully at the time of the adoption of this chapter, and which becomes non-conforming upon the adoption of this chapter or of any subsequent amendment thereto, may be continued only in accordance with the following regulations.
(A) Repairs and alterations.
(1) Ordinary repairs and alterations may be made to a non-conforming building or structure, provided that no structural alterations shall be made in or to the building or structure, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located.
(2) Ordinary repairs and alterations shall be determined by the Building Inspector and shall include, among other things, the replacement of storage tanks where the safety of operations of the installation requires the replacement.
(B) Additions and enlargements.
(1) A non-conforming building or structure shall not be added to or enlarged in any manner unless the non-conforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.
(2) A non-conforming building or structure which is non-conforming only as to bulk, may be added to or enlarged, provided such additions or enlargements conform to all regulations of the district in which it is located.
(C) Moving. No non-conforming building or structure shall be moved in whole or in part to any other location unless every portion of the building or structure, and the use thereof, is made to conform to all regulations of the district in which the moved building is to be located.
(D) Restoration of damaged non-conforming buildings or structures.
(1) A non-conforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 60% of the total cost of reconstructing the building or structure, shall not be restored unless the building or structure and the use thereof shall conform to all regulations of the district in which it is located.
(2) However, if the damage is less than 60% of the cost of reconstructing the building or structure, no repairs or restoration shall be made unless the work is started within one year from the date of the partial destruction.
(E) Change of use in non-conforming building or structure. The non-conforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located, however, once a use is changed to a conforming use, the building or structure shall not thereafter be used for a non-conforming use.
(F) Non-conforming use of conforming buildings or structures. The existing non-conforming use of a part or all of a conforming building or structure may be continued subject to the following provisions.
(1) The non-conforming use of a part of such building or structure shall not be expanded or extended into any other portion of the building or structure, nor changed to any other non-conforming use.
(2) If a non-conforming use of such a building or structure is discontinued, or abandoned for a period of six consecutive months, it shall not be renewed, and any subsequent use of the building or structure shall conform to the regulations of the district in which the premises are located.
(3) Any lawful non-conforming use in a conforming building or structure existing in a Residence District on the effective date of this chapter or any amendments thereto, shall be entirely discontinued within ten years from the effective date of this chapter or any amendments thereto.
(G) Non-conforming use of land. The non- conforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, may be continued subject to the following provisions.
(1) The non-conforming use shall not be expanded or extended beyond, the area it occupies on the effective date of this chapter, or changed to another non-conforming use.
(2) If such a non-conforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which the land is located.
(3) Where the non-conforming use of land is accessory to the non-conforming use of a building or structure, it shall be discontinued on the same date as the non-conforming use of the building or structure.
(Ord. passed 1-12-1976, § XII-B)