This ordinance establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

The purpose of this article is to provide for the regulation of nonconforming buildings, structures and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be permitted to continue.

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this ordinance and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of this ordinance or of any subsequent amendments thereto, may be continued subject to the regulations which follow.

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued subject to the provisions of this article.

The following sections (403.0 through 408.0) shall not apply to driveways which have been rendered nonconforming by governmental action.

(A)

Building or structure designed or intended for a nonconforming use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and the use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement and other replacements of, or substitutions for machinery or equipment not involving structural alterations of the building or structure, except as herein provided.

(B)

Building or structure designed or intended for a permitted use. Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a permitted use when originally built in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

A nonconforming building or structure which is nonconforming as to bulk and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located and unless such nonconforming building structure, including all additions and enlargements thereto, shall conform to the following:

(A)

Applicable regulations concerning the amount of lot area provided per building unit as provided in this ordinance.

(B)

The allowable floor area ratio or percentage of land coverage as provided in this ordinance.

(C)

The allowable gross floor area per establishment as provided in this ordinance.

No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use thereof, is made to conform to all of the regulations of the district in which it is located.

A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50 percent of the cost of the restoration of the entire building when new, shall not be restored unless said building or structure and the use thereof, shall conform to all of the regulations of the district in which it is located.

In the event such damage or destruction is less than 50 percent of the cost of restoration of the entire building when new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of such destruction and is completed within one year thereafter.

If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared by the owner at the owner's expense.

If the nonconforming use of a building, structure or premises is discontinued for a continuous period of 12 months, it shall not be renewed and any subsequent use of the building, structure or premises shall conform to the regulations of the district in which said building, structure or premises is located.

(A)

Building or structure designed or intended for a nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the building or structure in which said use is presently located, but no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations and the use thereof, conform to all the regulations of the district in which the building or structure is located.

(B)

Building or structure designed or intended for a permitted use. The nonconforming use of a building or structure all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure nor changed to any other nonconforming use.

(C)

Land. The nonconforming use of land, not involving any building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded, or extended beyond the area it occupies.

(A)

Building or structure designed or intended for a nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use, which presently occupies the building or structure is permitted or special use or to a use permitted in a more restrictive district. For the purpose of this subsection, the Estate Residential (E-R) District shall be considered the most restrictive and the General Industrial (I-2) District the least restrictive district.