In the residential districts where open land is being used as a non-conforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two (2) years from the date of passage of this Article. During the two (2) year period, such non-conforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two (2) year period, or if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this Article may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use 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 non-conforming use of a building may hereafter be extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this Article.

No building or portion thereof used in whole or in part for a non-conforming use in a residential district, which remains idle or unused for a continuous period of one (1) year whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential district in which it is located.

No building which has been damaged by any cause whatsoever to the extent of more than fifty percent (50%) of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this Article, and all rights as a non-conforming use are terminated. If a building is damaged by less than fifty percent (50%) 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 within twelve (12) months of the date of such damage.

Existing uses eligible for conditional use permits shall not be non-conforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.

Whether a non-conforming use exists shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hearing and in accordance with the rules of the Board of Adjustment.

A non-conforming use in violation of a provision of the ordinance which this Article repeals shall not be validated by the adoption of this Article.