No existing building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except as follows:
(a) Restoration. If any nonconforming building or structure, which as a result of fire, explosion or other casualty, has less than two-thirds of its current market value made unsafe or unusable, such nonconforming building or structure may be restored, reconstructed or used as before, provided that the bulk, height and area requirements shall not be in excess of those started within sixty days and completed within one year of such occurrence or the use of such building, structure or land as a legal nonconforming use shall not be extended to displace a conforming use.
(b) Extension and Displacement. A nonconforming use shall not be extended, but any alteration or addition to any land or any alteration, addition or replacement of or to any existing building or structure for the purpose of carrying on any use prohibited under the zoning rules and regulations applicable to the district is prohibited. If a nonconforming use has been abandoned, any future use of such land, building or structure shall be in conformity with the provisions of the ordinance regulating the use in the district in which such land, building, or structure may be located.
(c) Unsafe Structures. Any nonconforming building or structure or portion thereof declared unsafe by proper authority may be restored to a proper condition, subject to limitations under subsection (a) hereof.
(d) Alterations and Repairs. A nonconforming building or structure of other than residential purposes may not be reconstructed or structurally altered during its life, unless such building or structure is changed to a conforming use. A nonconforming structure or building containing a residential use may be altered in any way to improve interior livability provided that no structural alteration shall be made which would increase the nonconformity with regard to the number of housing units and incidental alterations of a building or structure containing a nonconforming use shall be permitted provided that such repairs and alterations do not exceed the volume or area of space occupied by the nonconforming use.
(e) Change of Use. A nonconforming use of a structure may not be changed to another nonconforming use; provided, however, that the Board of Zoning Appeals may permit a change in a nonconforming use to a use permitted in the next most restrictive zone consistent with the surrounding zoning district upon such terms and conditions as such Board may prescribe; provided further, however, that a nonconforming use so changed shall not revert to a use in the less restrictive zone other than the zone it was initially changed to. Any new business, if it meets the same zoning district of the original change, need not obtain Board of Zoning Appeals approval. This subsection does not apply to any nonconforming use not recognized in the current Zoning Ordinance.
(f) Prior Approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which had been duly granted before the date of adoption of this Ordinance or any applicable amendment thereto, provided that such building shall be completed according to such plans as filed within six months from the date of this Ordinance.
(Ord. 310. Passed 9-16-96.)