A.
Continuation. Any nonconforming use which existed
lawfully at the time of adoption of this article may be continued,
subject to the following provisions.
B.
Expansion, extension, modification, or replacement.
(1)
Expansion. A nonconforming use shall not be enlarged
or extended beyond the area of the existing structure in which the
use is located, which structure existed prior to adoption of this
article, unless granted a use variance from the Zoning Board of Appeals
and, if required by the terms of the area variance granted, site plan
review by the Planning Board. In addition to dimensional criteria,
expansion of a nonconforming use shall be considered as occurring
whenever the magnitude or intensity of the preexisting nonconforming
use increases in volume or activity as evidenced by hours of operation,
amounts of employees, deliveries, amounts of customers, additional
parking requirements and similar material changes in circumstances
which magnify the volume of the nonconforming use.
(2)
Extension. A nonconforming use which existed prior
to adoption of this article may be extended within any portion of
an existing structure in which it is located, and the same shall not
be deemed an expansion of such nonconforming use; however, any extension
of such nonconforming use shall require site plan approval from the
Planning Board.
(3)
Modification. A nonconforming use shall not be changed
to any other nonconforming use; nor shall a nonconforming use be modified
in a way that increases its nonconformity unless such modification
results in a use of the same or a less nonconforming nature, and then
only with prior site plan approval by the Planning Board.
(4)
Replacement. If a nonconforming use is replaced by
another use, such use shall conform to the regulations of the district
in which it is located.
C.
Discontinuance. If a nonconforming use is discontinued
for a period of 12 consecutive months, such nonconforming use shall
expire and be deemed abandoned; and any subsequent use on the same
lot shall conform to the regulations of the district in which it is
located.
D.
Destruction and restoration. If any building or structure
in which a nonconforming use is conducted is hereafter removed, or
destroyed by fire, wind, explosion, structural failure or other natural
cause, to the extent of 75% or more of its fair market value at the
time of such damage, any reconstruction or restoration of such building
or structure for such nonconforming use must be completed within one
year of the issuance of a valid building permit.