(A)   Existing uses, buildings, or structures. Wherever, on the effective date of this chapter (February 18, 1964), a lawful u4e, building, or structure exists that is no longer permissible under the terms of this chapter as enacted and amended, that land, building, or structure may be continued, so long as is remains otherwise lawful, subject to the following provisions.

   (B)   Enlargement, extension, construction, and substitution.

      (l)   A nonconforming building, structure, or land use existing at the time of the effective date of this chapter (February 18, 1964) may be altered or enlarged so as to extend that nonconforming use, not to exceed an additional 40%, upon approval of the board of zoning appeals, after a public hearing. Such extension of usage shall be in conformity with all other requirements of this chapter.

      (2)   Any building or structure existing as a nonconforming use at the time of the effective date of this chapter (February 18, 1964) which is not more than 30% destroyed by fire, may be reconstructed and restored, providing the same is done within two years from the date of destruction.

   (C)   Discontinuance. If any nonconforming use or use of land or a structure is voluntarily discontinued for a continuous period of two years, any future use of that land or structure shall be in conformity with the use and other regulations specified by this chapter for the district in which the use or use of the land or structure is located.

   (D)   Change of use.

      (1)   If no structural alterations are made, any nonconforming use of a structure and land may be changed to another nonconforming use, provided that the board of zoning appeals finds that the use is more appropriate to the district than the existing nonconforming use.

Thereafter, it shall not be changed back to the former nonconforming use.

      (2)   Any structure or land which is changed to a permitted use in the district in which it is located shall thereafter conform to the regulations for that district and the nonconforming use may not thereafter be resumed.

   (E)   Maintenance and repair. A nonconforming structure may continue to be used, maintained, and repaired. However, no structural parts shall be replaced except when the law requires that the structure be restored to a safe condition or made to conform to the regulations of the district.

(Ord. 895, passed 2-18-64; Am. Ord. 22-68, passed 1-21-68) Penalty, see § 151.99