Except as otherwise provided herein, the lawful use of land or building existing at the effective date of this Ordinance may be continued although such use does not conform to the provisions hereof. Except as provided in this Article, such nonconforming use may not be enlarged, extended, reconstructed or structurally altered except in compliance with the provisions of this Ordinance.

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. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

The nonconforming use of a building may be hereafter extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of the enactment of this Ordinance.

A building nonconforming only as to height, lot area, or yard requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

No building or portion thereof used in whole or in part for a nonconforming use in a residential district which remains idle or unused for a continuous period of six (6) months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

No building which has been damaged by any cause whatsoever to the extent of more than fifty (50) percent of the fair market value of the building, immediately prior to damage, shall be restored except in conformity with the regulation of this Ordinance and all rights as a nonconforming use are terminated. If a building is damaged by less than fifty (50) percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed with twelve (12) months of the date of such damage.

If the use is as a single-family detached or attached dwelling, restoration shall be permitted, provided such restoration is begun within twelve (12) months of the date of the damage and completed within twenty-four (24) months of the date of the damage, so as to occupy the same space that is occupied prior to such destruction or damage, and in no instance shall such structure be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work.

(Ord. No. 05-2010, 1-12-10)

When evidence available to the Administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if such lot was lawfully of record prior to the application of zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to area and dimensions of lots, the provisions of such lot area and dimensions regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot; provided such improvements conform in all other respects to applicable zoning and health regulations and restrictions.

In a residential district where any sign does not comply with the provisions of this Ordinance, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, repainted or re-lighted except in compliance with the provisions of this Ordinance and may continue in use unless subject to removal under other provisions of this Ordinance. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if said support structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premises on which there are any nonconforming signs.

A dwelling nonconforming as to use in a business or industrial district, or in an FP Flood District, shall be considered as a conforming use in application of the height, lot area, and yard requirements of this Ordinance.