Any land, the existing lawful use of which at the time of passage of this ordinance does not conform with the regulations of the district in which it is located shall have such use considered as a nonconforming use, which may continue on such land but shall be subject to all other pertinent regulations covering nonconforming uses.

Any lawful building or the lawful use of any building existing at the time of the passage of this ordinance that does not conform in use, height, location, size or bulk, with the regulations of the district in which it is located shall be considered a nonconforming building or use and may contain such use in its present location, but shall be subject to all other pertinent regulations covering nonconforming uses.

A building for which a valid building permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a nonconforming use. Buildings not under actual construction at the time of passage of this ordinance shall be built in conformity with its requirements.

A nonconforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.

A nonconforming use, when discontinued, may be resumed at any time within one (1) year from such discontinuance, but not thereafter. The resumption may be of the same class of use but shall not be resumed as a nonconforming use of a lower class.

Any lawful nonconforming use of a portion of a building may be extended throughout the building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this ordinance, or such lawful nonconforming use may be continued in any new building erected upon the lot or tract held in single and separate ownership on the effective date of this ordinance and further, such lawful nonconforming use may be continued on adjoining lots only as a variance provided, in all such cases, that any structure, alteration, extension or addition shall conform with all the height, area, width, yard and coverage requirements for the district in which it is located.

The board of appeals shall have discretion to determine in accordance with the provisions of this ordinance what resumption or change of nonconforming use is of the same class of use and permissible.

A nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the same nonconforming use, provided that: (1) The reconstructed building shall not exceed in height, area and volume of the building destroyed, unless it meets the provision of section 2405; (2) building reconstruction shall be started one (1) year from the date the building was destroyed and shall be carried on without interruption.

A nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provision of this ordinance.

A temporary nonconforming 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 board of appeals, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a board of appeals certificate may be issued for a period not exceeding one (1) year in any case.

Editor's note— Section 4 of an ordinance adopted Oct. 13, 2008 repealed § 2410 which pertained to nonconforming signs and derived from an ordinance adopted Dec. 14, 1998.