The lawful use of a building or premises, existing at the time of passage of this ordinance may be continued although such use does not conform to all the provisions of the ordinance, except as hereinafter provided.

A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.

A nonconforming use may, with the approval of the board of zoning appeals, be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use or a less restricted one.

No building or building additions shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than 75 percent of its appraised valuation, shall be repaired or rebuilt, except in conformity with regulations of this ordinance. A building devoted to a nonconforming use which has been damaged by fire or other causes to the extent less than 75 percent of its appraised valuation must be reconstructed within a period not to exceed 12 months in order to continue to use such building devoted to a nonconforming use.

Cross reference— Buildings and building regulations, ch. 14.

Upon application to and issuance by the board of zoning appeals of a permit therefor, the following uses may be operated as temporary use:

4.4.1.

Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than three successive periods at the same location.

4.4.2.

Development (temporary) signs shall meet the sign regulation as set forth in [section] 13.4.

Nothing herein contained shall require any change in the plans, construction or designated use of, a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within 90 days of the date of such permit and which entire building shall be completed according to such plans, as filed within three years.

In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of same shall thereafter conform to the uses permitted in the district in which it is located.

The lawful use for junkyards and trash storage which does not conform to the provisions of this ordinance shall be discontinued within two years of proper notification, and the use of land for junkyards and trash storage which may become a nonconforming use by reason of an amendment to this ordinance, shall be discontinued within two years of proper notification.

These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this ordinance.

A residential use shall be permitted on any lot which was in single ownership or included in a subdivision recorded in the office of the recorder, Kosciusko County, Indiana, on or before the date of passage of this ordinance.