Continued and discontinued use. The lawful use of land or of a building existing at the time of the adoption of this Article may be continued, although such use does not conform with the provisions hereof and such use may be extended throughout such portions of buildings as are arranged or designed for such use, provided no structural alterations are made therein. A non-conforming use may be changed to another non-conforming use of a more restricted zoning use. When a non-conforming use has been discontinued for one (1) year or more, it shall not be reestablished. When the non-conforming use of a manufactured home space, a sign or an open storage lot has been discontinued for sixty (60) days or more, it shall not be reestablished. If changed to a conforming use or more restricted use, a non-conforming use may not thereafter be changed back to a less restricted use than that to which it was changed. If by amendment to this Article any property is hereafter transferred to a more restricted district by a change in the district boundaries or the regulations and restrictions in a district are made more restrictive, the provisions of this Chapter relating to the non-conforming use of buildings or premises existing before enactment of this Article shall apply to buildings or premises occupied or used at the time of passage of such amendment. All prior residential non-conforming uses shall be allowed to be reestablished within one (1) year from the date this Subsection is amended.

Repairs and restoration. Repairs and improvements may be made to a non-conforming building or structure provided that no alterations shall be made, except those required by law or ordinance, unless the building or structure is changed to a conforming or more restricted use; provided that the Planning and Zoning Commission and the Board of Aldermen, in case of evident hardship, may permit an enlargement of a non-conforming use not exceeding fifty percent (50%) of the ground floor area of the building. Nothing in this Article shall be taken to prevent the restoration within one (1) year of a non-conforming building destroyed to the extent of not more than one hundred percent (100%) of its reasonable value by fire, explosion, act of God or public enemy, provided that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the one (1) year allowed for reconstruction. Alterations may be made to residences and customary accessory buildings located in the commercial zone even though they are a non-conforming use. Enlargement may not exceed fifty percent (50%) of existing square foot area.

Any planned unit district the plat for which has been duly recorded as of the effective date of this Article shall be within the scope of this Section as a non-conforming use. The plat for any such district that has not been recorded by such date or for which changes are subsequently sought shall be required to meet the provisions of this Article. Any person, firm or corporation engaged in the dividing or subdividing of land into lots or parcels for the purpose of conveyance or lease within the scope and application of these regulations shall be known as the developer.