[Amended 11-6-1989 by L.L. No. 11-1989]
No legal nonconforming use may be continued, repaired, maintained, improved or enlarged, except as provided below:
A. 
Restoration. If a nonconforming use is destroyed or damaged to an extent equal to not more than 50% of the total floor area of the improvements, it may be restored or reconstructed within one year from the date of the damage.
B. 
Discontinuance. No such nonconforming use may be reestablished after it has been discontinued or vacated for a period of six months. Upon a showing of good cause, the Zoning Board of Appeals may grant one six-month extension to reestablish a discontinued or vacated use.
C. 
Change of use. A nonconforming use may be changed to another nonconforming use only if such change is more appropriate to the character of the district in which it is located as determined by the Zoning Board of Appeals after a public hearing.
D. 
No enlargement. Nonconforming uses may not be enlarged in any manner whatsoever.
A. 
Variances. Where a nonconforming lot exists as a separate entity and the owner of the nonconforming lot does not own an adjoining lot, then the Zoning Board of Appeals may grant a variance to permit the development of the property, provided that the Zoning Board of Appeals shall make each and every one of the following findings:
(1) 
The applicant qualifies for a variance under § 211-39B.
(2) 
The proposed variance or variances will not reduce the requirements of § 211-15 by more than 25%.
(3) 
The proposed use is a permitted use in the district in which the nonconforming lot is located.
(4) 
If the nonconforming lot is located in a C-1, C-2, M-1 or M-2 District, any front, side or rear yard abutting a residential district or an existing residential use shall be at least 10 feet.
B. 
Merger. Where a nonconforming lot adjoins another lot and both lots are owned by a common owner, said lots shall merge and be deemed one lot for all purposes.
A. 
Any legal nonconforming building or structure may be continued, repaired, maintained, improved, or enlarged, provided that such building or structure shall not be altered or enlarged unless said alteration or enlargement complies with the current requirements of this chapter, including § 211-17A(1), (2) and (3).
[Amended 1-5-2021 by L.L. No. 1-2021]
B. 
Any such nonconforming building or structure, which is damaged or destroyed other than by the order or with the consent of the owner to an extent equal to not more than 50% of the total floor area, may be restored within one year of the date of the damage; provided, however, that it shall not be altered or enlarged unless said alteration or enlargement complies with the current requirements of this chapter.