Except as hereinafter specified, no land, building, structure or premises shall hereinafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted or altered, except in conformity with the regulations herein specified for the district in which it is located.

(Code 1977, § 107-11; Ord. No. 2000-10, 9-25-2000)

Except as provided in section 108-670, any lawful use, building or structure existing at the time of the enactment of this chapter, including a seasonal use, may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.

(Code 1977, § 107-12; Ord. No. 2000-10, 9-25-2000)

No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, shall be enlarged, extended, substituted or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:

(1)

Substitution.

a.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.

b.

Whenever a nonconforming use 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 use.

c.

When authorized by the board of appeals according to the provisions of section 108-164, a nonconforming use of land may be changed to another nonconforming use, or a nonconforming use of a building may be changed to one of a less restricted classification.

(2)

Discontinuance.

a.

No building, structure or premises where a nonconforming use has ceased for one year or more or where the nonconforming use has ceased and changed ownership shall again be utilized as a nonconforming use.

b.

All nonconforming uses of land not involving any building or structure having an assessed value for tax purposes of more than $2,000.00 at the time of becoming nonconforming, must comply within one year of becoming nonconforming.

(3)

Extensions.

a.

A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on adjoining premises on the date such building became nonconforming, and provided that the floor areas of such additions and extensions shall not exceed, in aggregate, 35 percent of floor area of the existing building devoted to a nonconforming use. Any other extension of a nonconforming building or use of land shall be subject to the board of appeals approval as provided in section 108-164. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of subsection (2) of this section.

b.

A nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of the ordinance from which this chapter is derived, or any amendments to this chapter, provided that no structural alterations are made except as required by law.

c.

Any dwelling lawfully existing at the time of enactment of this chapter, not located on a lot having frontage on a street as required herein, may be continued and may be enlarged, without increasing the number of dwelling units therein, provided that no such addition shall extend closer to the street than the setback line for the existing building.

(4)

Replacing damaged buildings. Any nonconforming building or structure, or group of related buildings comprising one enterprise or establishment and under one ownership, which may become damaged more than 60 percent of its then-fair-market value, exclusive of the foundation, by accidental fire, flood, explosion, war, riot or act of God, shall not be restored or reconstructed and used as before such happenings, but if less than 60 percent damaged, it may be restored or reconstructed and used as before, provided that this is done within one year.

(Code 1977, § 107-13; Ord. No. 2000-10, 9-25-2000)

Nothing in this article shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by proper authority.

(Code 1977, § 107-14; Ord. No. 2000-10, 9-25-2000)