APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE XVII. NONCONFORMING USES

17-1.0.1 The provisions of these regulations shall not apply to the existing use of any buildings or land and shall not prevent the restoration of a building damaged not more than 50 percent of its fair market value by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, but shall apply to any alteration of a building to provide for a change in such use of any building or land after the effective date of these regulations.

17-.1.02 No such nonconforming use or substantial improvement of that use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.

17-1.08 Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

17-1.04 A lawful nonconforming use of a building, structure or land that has been voluntarily discontinued for a period of six consecutive calendar months shall not thereafter be resumed.

17-1.05 Ordinary Repair and Maintenance.

1.     Normal maintenance and incidental repair or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be per­ formed on any structure that is devoted in whole or in part to a nonconforming use.

2.     Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders it restoration to a safe condition provided that such restoration will not be in violation of this Section.

17-1.06 Any structure which is devoted to a residential use and which is located in a business or industrial district, may be structurally altered, extended, expanded and enlarged; provided, however, that after any such reconstruction, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work unless specifically permitted by the district.

17-1.07 Nonconforming nonresidential structures and uses that existed on the day prior to the effective elate of these regulations, may apply on a one time basis only to the Planning Commission for a conditional use permit to reconstruct, structurally alter, or enlarge after damage or destruction or structurally alter, enlarge or make extensions to structures or uses including the use of additional land when properly zoned for the use, so long as in the opinion of the Planning Commission under stated conditions that the effect upon adjacent areas is protected to the extent possible and the public interest served.