(A) Nonconforming uses generally. The lawful use of any building, structure or land existing on the effective date hereof may be continued, although such use does not conform with the provisions of this chapter; provided, that the following conditions are met.
(1) Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(2) Any building arranged, intended or designed for a nonconforming use, the construction of which has been started on the effective date hereof, but not completed, may be completed and put to such nonconforming use; provided, that it is done within one year after the effective date hereof.
(3) Any building or structure existing as a nonconforming use on the effective date hereof, which is destroyed by fire or the elements, may be reconstructed and restored for such nonconforming use within one year from the date of destruction.
(4) No nonconforming building, structure or use shall be changed to another nonconforming use.
(5) Whenever a nonconforming use has been changed to a more restricted use or a conforming use, such use shall not thereafter be changed to a less restricted or nonconforming use.
(6) If any nonconforming use of a building or structure is voluntarily discontinued for three months or more, it shall be deemed abandoned and shall not, therefore, be returned to such nonconforming use.
(Prior Code, § 10-2F-1)
(B) Nonconforming uses of land. Where, on the effective date of adoption or amendment of this chapter, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued as long as they remain otherwise lawful, subject to the following provisions.
(1) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or amendment of this chapter.
(2) No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of this chapter.
(3) If any such nonconforming use of land ceases for any reason for a period of more than 30 days, and subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Prior Code, § 10-2F-2)
Penalty, see § 152.99