The lawful use of any building, structure or land existing at the time of the enactment of this article may be continued although such use does not conform with the provisions of this article provided, however, the right to continue such nonconforming uses shall be subject to regulations prohibiting the creation of a nuisance and shall terminate when inappropriate use of the premises produces a condition which constitutes a nuisance and further, the right of nonconforming uses to continue shall be subject to such regulations as the maintenance of the premises and conditions of operation may, in the judgment of the Board of Adjustment, be reasonably required for the protection of adjacent property and further, the right of nonconforming uses to continue shall be subject to the specific regulations herein contained.

A nonconforming use of a building or structure may be changed to another nonconforming use of the same or of a higher classification, provided no structural alterations are made in the building. If the use is changed to a higher classification or to a conforming use, it cannot be changed back to the original nonconforming use. For the purposes of this paragraph, the "same classification" means uses permitted in the same district; a "higher classification" means uses in a district with a prior listing in this article.

If a nonconforming use of a building or premises is discontinued for a period of ninety (90) days or more, the use of such premises or building then must conform to the use regulations of the district in which it is located.

No building or structure 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 the damage shall be restored except in conformity with the regulations of this article and all rights as a nonconforming use are terminated. If a building or structure is damaged by less than fifty (50) percent of its 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.

A nonconforming use cannot be enlarged, extended, reconstructed or structurally altered unless changed to a conforming use.

Existing uses of the types eligible for special permits under Section 9.517 shall be conforming uses and shall receive a special permit for the existing use from the building inspector upon request. A special permit shall be required for any enlargement or addition .

The occasional, 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 the entire lot or tract.

A conforming use in violation of a provision of the Ordinance which this article repeals shall not be validated by adoption of this article.