(6-101) A nonconforming use is a use of a premises which was lawfully established and maintained at the time of the passage or amendment of this ordinance but which, because of the application of this zoning ordinance to it, does not conform to the regulations of the zoning district in which it is located. A nonconforming building or a nonconforming portion of a building shall be deemed to constitute a nonconforming use of the land upon which it is located.

(6-102) The use of a lot of record which is nonconforming because of lot size, area, or width less than herein required, may be used for a permitted single family dwelling or a permitted nonresidential use, the adjacent property is under the same ownership and could be replatted to make conformity possible.

(6-103) Nonconforming uses are regulated as follows:

(1)

They may be continued.

(2)

They may not be expanded nor structurally altered, except as may be required by law or ordinance; however, such uses in all districts may be extended throughout such portions of a building as are arranged or designed for such use as of the effective date of this ordinance.

(3)

If a nonconforming use or structure is damaged or destroyed to an extent of more than sixty per cent (60%) of its fair market value by fire, explosion, act of God, or the public enemy, then any restoration or new construction shall be for a permitted or conforming use. The computing of the percentage of damage or destruction to a nonconforming use composed of a group of individual structures which are principal buildings shall be based on the fair market value of the entire development comprising the group and not the individual structure.

(6-104) A nonconforming use may be changed only to a use permitted within the district.

(6-105) If a nonconforming use of any structure or premises is discontinued and remains vacant for a period of six (6) months, the use of the same shall thereafter conform to the requirements of the district in which it is located. The board of adjustments shall have the power to grant an extension not to exceed six (6) calendar months when warranted by evidence presented.

(Ord. No. 663, § 1, 11-13-78)