A. Authority To Continue: Nonconforming uses may be allowed to continue except as such uses may be limited or eliminated by the provisions of this section.
B. Ordinary Repair And Maintenance:
1. Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.
2. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.
3. Ordinary repairs and alterations shall be determined by the zoning administrator and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.
C. Extension: A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to:
1. Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).
2. Extension of such use within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.
D. Enlargement: No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.
E. Structural Alterations: No structural alterations shall be made in or to such building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law.
F. Damage Or Destruction: In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, such use may be reestablished or resumed, only if the restoration or reconstruction of the structure is in compliance with subsection 8-6-5C of this chapter and the use must be reestablished or resumed within twelve (12) months of the structure being damaged or destroyed. If the nonconforming use is not reestablished or resumed within twelve (12) months, then such use shall thereafter conform to the regulation for the district in which it is located.
G. Moving: No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
H. Change In Use: No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
I. Abandonment Or Discontinuance: When a nonconforming use is discontinued or abandoned for a period of twenty-four (24) consecutive months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.
J. Nonconforming Accessory Uses: No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Ord. 2009-3, 5-12-2009; Ord. O2021-4, 8-10-2021)