A.

Continuance. Except as otherwise provided in this ordinance, the lawful use of land or buildings existing at the date of the adoption of this ordinance may be continued although such use or building does not conform to the regulations specified by this ordinance for the zone in which such land or building is located; provided, however:

1.

That no nonconforming lot shall be further reduced in size.

2.

That no nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

3.

That no nonconforming use may be expanded.

B.

Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

C.

Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50 percent of the full valuation of the building unless said building is changed to a conforming use.

D.

Construction approved prior to adoption of this ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within eight months of the date of such permit, and which entire building shall be completed according to such plans as filed within one year from date of this ordinance.

E.

Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this ordinance shall not be deemed the extension of such nonconforming use. No nonconforming use shall be extended to displace a conforming use.

F.

Temporary buildings for construction purposes. A temporary building for construction purposes incidental to residential development may be erected and maintained in a residential district for a period not exceeding one year.

G.

Restoration. No building damaged by fire or other cause to the extent of more than 50 percent of its full valuation shall be repaired or rebuilt except in conformity with the regulations of this ordinance.

H.

Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this ordinance.

I.

Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and such use thereafter shall not be changed to a lower classification.

J.

District changes. Whenever the boundaries of a district shall become changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

K.

Notwithstanding any other provisions of this ordinance, any automobile wrecking yard or other junkyard and any billboard, advertising structure or nonconforming sign in existence in any residential district at the date of enactment of this ordinance shall, at the expiration of three years from such date, become a prohibited and unlawful use and shall be discontinued. Provided, however, that lawfully existing signs accessory to a nonconforming business or industrial building shall not be subject to this subdivision.

L.

Those uses existing at the date of the adoption of this ordinance which would otherwise be permitted only with a special use permit may be required to meet certain regulations as set forth in section 11, "Uses requiring special use permits," for the particular use.

M.

Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this ordinance. The use of any such nonconforming building may be changed to any other permitted use so long as the yard or lot area requirements are no greater.

(Code 1978, app. B, § 14; L.L. No. 1-1973)