§ 7.7-2. Modification

A proposed change or modification to a non-conforming use shall be governed by the following:

1.

Change of Non-conforming Use. If a change from one non-conforming use to another is proposed and no structural alterations are involved, the change may be permitted, provided:

a.

Non-conformity of dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking shall not be increased; and

b.

The proposed change will have little discernable impact over the existing non-conforming use.

If a change to a permitted use is proposed which is non-conforming only as to dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking, the change may be permitted, provided that all applicable requirements that can be reasonably complied with are met.

Compliance with a requirement is not reasonably possible if it cannot be achieved without adding land to the lot of the non-conforming use or moving the use if it is on a permanent foundation.

Whenever a non-conforming use of land or building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted or non-conforming use.

2.

Enlargement or Expansion of Non-conforming Use. Enlargement or expansion of a non-conforming building, use, or structure shall be permitted; provided such enlargement shall meet all applicable setbacks, bufferyard, and off-street parking requirements for the district within which it is located.

3.

Repair or alteration of Non-conforming Use, Building or Structure. The repair or alteration of a non-conforming use shall in no way increase the non-conformity of said use, except as otherwise permitted by Subsection 2 above.

4.

Replacement of Non-conforming Use.

A building permit for the replacement of a non-conforming building or structure where damaged or destroyed must be initiated within 12 months of the time of the damage or destruction or forfeit the right of replacement.

Replacement if initiated within 12 months of the time of damage or destruction shall adhere to all applicable requirements of Table 2.

Replacement of a non-conforming mobile or manufactured home once removed from a lot or parcel shall be accomplished within 30 days of removal or forfeit non-conforming status, and if replaced shall not infringe on established setbacks, and shall meet in full the requirements of Section 3.14 of this Ordinance.