Any lawful nonconforming use or part of all of a building or structure designed or intended for a use permitted in the district in which such building or structure is located may be continued, subject to the following provisions:
A. Ordinary repair and maintenance permitted. Ordinary repair, replacement, alterations and structural changes may be made in or to a conforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located but which building or structure is occupied in whole or part by a nonconforming use; provided that:
1. the repair, replacement, alteration and structural change shall conform to the regulations of the district in which the building or structure is located; and
2. any building located in a residential district and containing nonconforming residential uses may be repaired or altered to improve livability and other health conditions, provided that no change that would increase either the number of dwelling units or the cubic content (i.e., bulk) of the building shall be permitted.
B. Expanding nonconformity prohibited. No building or structure that contains a nonconforming use shall be added to, enlarged or extended except as necessary to change its use to a use that is permitted in the district in which the building or structure is located.
C. Relocating buildings and structures. No building, structure or portion of a building or structure shall be moved in whole or in part to any other location on the same lot, unless every portion that is moved, as well as the use of the building or structure, conforms or more closely conforms to all the regulations of the district in which it is located.
D. Limitation on repair and restoration after damage or destruction. No building or structure that contains a lawful nonconforming use and that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed fifty (50) percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator), unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than fifty (50) percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.
E. Abandonment or discontinuance of nonconforming use. Any building, structure or portion of a building or structure that contains a nonconforming use that is now or hereafter abandoned shall not be occupied or used except in conformity with the regulations of the district in which the building or structure is located. The discontinuance, cessation or interruption of a nonconforming use of any building or structure, or any part thereof, or the vacancy of any space in a building or structure that had contained a nonconforming use, either of which continues for a period of 6 consecutive months or for any 18 months during any three-year period, shall be prima facie evidence that the nonconforming use has been abandoned.
F. Expanding nonconformity prohibited. The nonconforming use of a part of any building or structure shall not be enlarged or extended.
G. Change of use. If a nonconforming use is located in a building, all or substantially all of which is designed or intended for a use permitted in the district, the nonconforming use shall not be changed to another use except a use permitted in the district in which it is located. Such premises shall not thereafter be used or occupied by a nonconforming use.
(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)