No existing building or structure devoted to a non-conforming use shall be enlarged, extended, reconstructed or structurally altered, except as follows.
(a) Restoration. If any non-conforming building or structure, which as a result of fire, explosion or other casualty, has less than two-thirds of its fair sale value, including foundation made unsafe or unusable, such non-conforming building or structure may be restored, reconstructed or used as before; provided that, the bulk, height and area requirements shall not be in the excess of those which existed prior to the damage. Such restoration must be completed within one year of such occurrence, or the use of such building, structure or land as a legal non-conforming use shall thereafter be terminated.
(b) Extension and displacement. A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a non-conforming building which existed prior to the enactment of this Zoning Ordinance shall be deemed the extension of such non-conforming use. No non-conforming use shall be extended to displace a conforming use.
(c) Unsafe structures. Any non-conforming building or structure or portion thereof declared unsafe by proper authority may be restored to a proper condition.
(d) Alterations and repairs. A non-conforming building or structure for other than residential purposes may not be reconstructed or structurally altered during its life to an extent that such alterations exceed in aggregate cost two-thirds of the full valuation of the building or structure, exclusive of the value of land, unless such building or structure is changed to a conforming use. A non-conforming building or structure containing residential use may be altered in any way to improve interior livability; provided that, no structural alteration shall be made which would increase the non-conformity with regard to the number of housing units or the bulk of the building or structure. Normal maintenance repairs and incidental alteration of a building or structure containing a non-conforming use shall be permitted; provided that, such repairs and alterations do not extend the volume of area of space occupied by the non-conforming use.
(e) Change of use. A non-conforming use or structure may be changed to another non-conforming use of an equal or more restricted classification; provided that, no structural change, enlargement, extension or reconstruction is made.
(1) A non-conforming use may be changed into a conforming use.
(2) When a non-conforming use is changed into a conforming use or a more restricted non-conforming use, the use of the structure, building or land shall not thereafter be changed into a non-conforming use or a less restricted non-conforming use.
(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 Zoning Ordinance or any applicable amendment thereto; providing that, such building shall be completed according to such plans as filed within six months from the date of this Zoning Ordinance.
(Ord. passed 2-14-1978)