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ZONING REGULATIONS - page 61 / 196

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structure, however, may be restored to a safe condition if declared unsafe by the Administrative Officer or another official with jurisdiction.

b.A non-conforming use shall not be re-established after discontinuation for a period of six (6) months unless it is determined by the Board of Zoning Adjustment that the proposed use is of a similar, or less restrictive use and that the proposed use will be of benefit to the neighborhood.  Vacating of premises or building or non-operative status shall be evidence of a discontinued use.

c.Except as provided in Section 905 (4), for Article IX, a non-conforming structure damaged to an extent greater than fifty (50) percent of the current replacement value may be repaired and restored only to a structure and use conforming to the provisions of these Regulations; provided, however, that a nonconforming residential structure may be rebuilt in the same general yard area if such damage is due to fire or natural causes and if rebuilt within twelve (12) months of the date of damage.  Manufactured and certified mobile homes are only to be placed on lots in conformance with Article IX.  Restoring to a safe condition of any structure declared to be unsafe by any public official shall not be prohibited by these Regulations.

d.A non-conforming or non-certified mobile or manufactured home, as defined in Article IX, shall not be sold for use upon the same property or re-rented unless and until it is upgraded to the standard required for the zone in which it is located.

e.A non-conforming use may be changed to another non-conforming use which is less compatible with permitted uses, but it may not be changed to a less compatible use.  The Board of Zoning Adjustment and Appeals shall rule on compatibility upon application by the Administrative Official for an interpretation.  A non-conforming use may be changed to a conforming use.

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