(A) Extensions of use. Nonconforming buildings and nonconforming uses of building shall not hereafter be enlarged.
(B) Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued although the use does not conform with the provisions of this chapter, and the building may be reconstructed or structurally altered and nonconforming use therein changed subject to the following regulations:
(1) The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: residential district uses, business district uses and manufacturing district uses, as permitted by this chapter.
(2) A nonconforming use may be changed to a use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification unless the new use shall be deemed by the Board of Adjustment, after public notice and hearing, to be less harmful to the surrounding neighborhood, from the standpoint of the purposes of this chapter, than the existing nonconforming use.
(3) A nonconforming use may not be extended, but the extension of a use to any portion of a building, which portion is at the time of the adoption of this chapter primarily arranged or designed for nonconforming use, shall not be deemed to be an extension of a nonconforming use.
(4) Nor shall the building be enlarged, unless the use therein is changed to a conforming use, provided, however, that a nonconforming building damaged by fire, explosion, tornado, earthquake or similar uncontrollable cause to the extent of not more than 60% of its assessed value at the time of the damage may be repaired or rebuilt within 1 year of the date of damage, but not thereafter. The determination shall be made by the Board of Adjustment.
(5) Existing single-family residential structures in business or industrial districts may be enlarged, extended or structurally altered, provided that no additional dwelling units result therefrom. However, any enlargements, extension or alteration shall comply with the dimensional requirements determined by the Board of Adjustment.
(6) If a nonconforming use is discontinued, any future use of the buildings and premises shall be in conformity with the provisions of this chapter. A reasonable interim, however, between tenants or occupants shall not be construed to mean discontinuance.
(7) The foregoing provisions of this section shall also apply to nonconforming uses created by amendments to this chapter.
(Ord. passed 5- -1977)