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Uses of land and structures existing on the date of adoption of the ordinance codified in this title, although such use or structure does not conform to the provisions of this title, may continue upon such conditions as prescribed by the planning agency. After this title becomes effective, nonconforming uses or structures damaged by fire or other cause to an extent exceeding an aggregate cost of 25 percent or more of its replacement value, or abandoned through discontinuation of use for a period exceeding 12 months or more, subsequent use of the land and/or structure shall be in conformity with the provisions of this code. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use on or before the date of adoption of the ordinance codified in this title shall not be considered an extension of a nonconforming use. The conditions prescribed by the planning agency for the continued use of a nonconforming use or structure must bear a substantial relation to the alleviation of a hazard to the health, morals, safety, or general welfare of the entire affected community and in particular that of surrounding inhabitants. Conditions may be prescribed including, but not limited to, those situations existing because of fumes, odors, glare, noise, smoke, dust, unsightly materials, or other objectionable factors. If, in fact, conditions are prescribed by the planning agency, such conditions shall be reviewed and revised, if necessary, no less frequently than every two years and/or upon change of ownership.

An appeal may be taken of the planning agency’s ruling to the hearing examiner as prescribed in Chapter 19.11 ECMC. (Ord. 514 § 1, 2016; Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)