Any nonconforming use may be replaced or substituted by another
nonconforming use by special exception if the Zoning Hearing Board
determines that the proposed use is more compatible with the surrounding
area than the original nonconforming use. In addition, the proposed
nonconforming use shall not increase any dimensional nonconformities.
If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for the tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon the demonstration of a hardship leading to the issuance of a variance in accordance with §
150-301 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any such use or activity by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated, and the
structure shall not be reoccupied except in conformance with this
chapter.
No conformity shall, if once changed to conform to the regulations
of this chapter, be changed back again to a nonconformity.
Whenever the boundaries of a zone shall be changed so as to
transfer an area from one zone to another zone of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
or dimensional nonconformities existing therein or created thereby.