It is the intent of this Article of this Ordinance that any lawful use of the land or buildings existing at the date of enactment of this Ordinance, or at the date of any subsequent amendment thereto, which would be made no longer permissible as a new use, or otherwise would be in violation under the terms of this Ordinance, is hereby declared to be a "non-conforming" use.

The lawful use of any building or structure or land existing at the time of the enactment of this ordinance may be continued even though such use does not conform with the provisions of this ordinance except that the non-conforming structure or use shall not be:

1.

Changed to another non-conforming use;

2.

Re-established after discontinuance for one (1) year;

3.

Extended, enlarged or altered in a way which increases its non-conformity with this ordinance;

4.

Once changed to a conforming use, no land or building shall be permitted to revert to a nonconforming use.

A non-conforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. When a building or use is changed to fully comply with all provisions of this Ordinance, it shall then be considered a conforming use and shall not revert to a non-conforming use except in conformity with provisions of this Ordinance, such as a lawfully granted variance.

A non-conforming building which has been damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may not be rebuilt, altered or repaired after damage exceeding fifty (50) percent of its replacement cost at the time of destruction except in conformity with this Ordinance.

A non-conforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this Ordinance.

Any non-conforming use of land or building, when discontinued, abandoned, or vacated for any reason may be resumed at any time within one (1) year as a similar non-conforming use. After a period of vacancy or abandonment of one (1) year without resumption, any use thereafter shall conform to the provisions of this Ordinance.

There may be a change in tenancy, ownership, or management of an existing non-conforming use, provided that:

1.

All other applicable laws and regulations are complied with;

2.

There are no changes in the nature or character of such non-conforming use;

3.

There has not been a period of discontinuance or abandonment exceeding one (1) year.

Nothing in these provisions is intended to preclude ordinary repairs and maintenance by an owner, or those ordered as necessary to protect the public health, safety, or welfare.

A temporary non-conforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this Ordinance, may be permitted for a period of not more than one (1) month, on the approval of the City Council.

Any sign existing at the time of the passing of this Ordinance that does not conform in use, location, height or size with the regulations of the district in which it is located, shall be considered a nonconforming use and may continue in such use in its present location for a period of five (5) years from the date of the passage of this Ordinance but not after. The continuation of such non-conforming use after the expiration of five (5) years shall be a violation of this Ordinance.