[Res. 1-24-79]
Any lawfully existing use of land or use of structure and premises
or any structure by virtue of its size or position on the land that
is not in conformity with the provisions of this ordinance at the
time of its enactment, may be continued under the following conditions:
a. A nonconforming use shall terminate upon abandonment at any time.
In the case of discontinuance of any nonconforming open land use for
a period of 12 consecutive months, the nonconforming open land use
shall be presumed to be abandoned and any subsequent use of the land
shall conform to the regulations for the district in which such land
is located. In addition, when a nonconforming use of a structure,
or structure and premises in combination is discontinued for a period
of 24 consecutive months, the nonconforming use shall be presumed
to be abandoned and the structure or structure and premises in combination,
as the case may be, shall not thereafter be used except in conformance
with the regulations of the district in which it is located.
b. An existing structure devoted to a use not permitted by this ordinance
in the district structurally altered in any way except as may be required
for normal maintenance or to prevent damage or injury. A preexisting,
nonconforming use in a structure may be changed to a use permitted
in the district in which it is located.
c. If no structural alterations are made, any nonconforming use of the
structure, or structure and premises, may be changed to another nonconforming
use subject to conditions imposed by the Zoning Board of Adjustment,
provided that the Board, by making findings in a specific case, shall
find that the proposed use, as conditioned, is equally appropriate
or more appropriate to the neighborhood than the existing nonconforming
use.
d. Any structure or structure and land in combination in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations of the district in which said structure
is located and the nonconforming structure or use shall not thereafter
be reinstituted.
e. A structure which, by reason of restrictions on area, lot coverage,
height, yards or other characteristics that could not be built under
the terms of this ordinance:
1. Shall not be enlarged or altered in a way which increases its nonconformity;
2. Shall not be reconstructed except in conformance with this ordinance
should such structure be destroyed or deteriorated by any means to
an extent of more than 75 percent of its replacement cost at the time
of destruction.