§ 5.3. Nonconforming buildings and structures and use thereof.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this section.

A.

Repairs and alterations.

1)

Building or structure designed or intended for a nonconforming use: Repairs and alterations may be made to a nonconforming building or structure, provided no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure except as hereinabove provided.

2)

Building or structure designed or intended for a permitted use: Repairs, alterations and structural changes may be made to a nonconforming 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, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

B.

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to, or enlarged, in any manner unless such additions or enlargements thereto are made to conform to all the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

1)

Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in subsequent articles of this appendix:

2)

The allowable floor area ratio as provided in subsequent articles of this appendix;

C.

Relocation of building or structure. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all the regulations of the district in which it is located.

D.

Restoration of damaged building or structure.

1)

Building or structure designed or intended for a nonconforming use: A building or structure, all or substantially all of which is designed or intended for use which is not permitted in the district in which it is located, and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty (50) per cent of the cost of the restoration of the entire building new shall not be restored unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located.

In the event such partial damage or destruction is less than fifty (50) per cent of the cost of restoration of the entire building new, no repairs or construction shall be made unless such restoration is started within one (1) year from date of the partial destruction and is diligently prosecuted to completion.

2)

Building or structure designed or intended for a permitted use: A building or structure, all or substantially all of which is designed or intended for a use which is permitted in the district in which it is located, and which is partially destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty (50) per cent of the cost of restoration of the entire building new, shall not be restored unless said building or structure shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than fifty (50) per cent of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from date of the partial destruction is diligently prosecuted to completion.

E.

Discontinuance of nonconforming use or structure (Rev. 12/93).

1)

In building or structure designed or intended for a nonconforming use or existing as a nonconforming structure: A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is, or hereafter becomes, vacant and remains unoccupied or is not used for a continuous period of one hundred eighty (180) days, shall not thereafter be occupied or used except by a used except by a use which conforms to the use regulations of the district in which it is located.

2)

In building or structure designed or intended for a permitted use: If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of one hundred eighty (180) days, it shall not be renewed and any subsequent use of the building or structure shall confirm to the use regulations of the district in which the premises are located.

3)

Land: The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, if discontinued for a period of one hundred eighty (180) days, shall not thereafter be renewed, and any subsequent use of the land shall conform to the regulations of the district in which it is located.