Article 600.4. NONCONFORMING USE OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION  

SECTION 600.4:1

If lawful use involving individual structures or of structure and land in combination existed at the effective date of adoption or amendment of this Ordinance that is not allowed in the district under the terms of this Ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, or as a special land use under Section 900.3:15.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the regulations for the district and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises or if it is a seasonal use), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(5)

When a nonconforming use status applies to a structure and land in combination, and the structure is damaged or destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of damage or destruction, such structure shall not be reconstructed unless it shall thereafter be used for a conforming use, or unless reconstructed as a special land use under Section 900.3:15.

(6)

The use of a nonconforming building may be changed to another non-conforming use if the Zoning Board of Appeals finds that such new use would markedly decrease the degree of nonconformity and would enhance the value and desirability of adjacent conforming uses.