§ 126-57. Nonconforming uses of structures, and structures and premises.

If a lawful use of a structure, or of a structure and premises in combination, exists at the time of passage of the ordinance from which these land development regulations are derived, but is a nonconformity under the provisions of these land development regulations, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in a manner in compliance with all applicable district regulations and provisions of these land development regulations.

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which these land development regulations are derived, but no such use shall be extended to occupy any land outside such building. However, alterations to residential buildings which would increase the density of use are prohibited.

(3)

If a nonconforming use of a structure, or structure and premises, is abandoned or discontinued for a period of six months or more, the use of the structure and premises in combination shall thereafter conform to the regulations for the district in which the structure is located.

(4)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, and such land may thereafter be used only for uses permitted or permissible in the district in which it is located.

(5)

Where a nonconforming use of a structure, or structure and premises in combination, is changed to a conforming use, the nonconforming use shall not thereafter be reestablished.

(6)

Where a nonconforming use involves operation or storage of equipment or machinery in an enclosed structure, such equipment or machinery may be replaced, provided that the new equipment or machinery conforms in the characteristics of its operation to performance standards as established for the district. However, this shall not apply to the outside storage of equipment, vehicles, machinery and the like.

(7)

For purposes of this section, the outside storage of vehicles, equipment, machinery and parts thereof, and the operation of a junkyard or vehicle storage yard, shall not be considered a valid nonconforming use in accordance with this section and these land development regulations.

(8)

Should such structure be damaged by any means to an extent of more than 50 percent of the current market value, it shall not be reconstructed or repaired except in conformity with the provisions of these land development regulations.

(LDR 2002, § 28.04)