The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this Ordinance, supplement or amendment, may continue even though such use does not conform to the provisions of this Ordinance. A non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification provided no structural alterations are made. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
(a) In the event that a non-conforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two years or more, any future use of the lot, building or structure shall be in conformity with the provisions of this Ordinance.
(b) Without the Board of Zoning Appeals' approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use. Also, a nonconforming structure may be extended or enlarged by not more than ten percent of the total floor area existing at the time of adoption or amendment of this Ordinance. However, no such extension shall encroach upon any minimum yard requirements nor shall it exceed the maximum height requirement.
(c) When a nonconforming building or structure has been damaged by explosion, fire, act of God, to the extent that more than 75 percent of its fair market value is affected, it shall not be restored or reconstructed except in conformity with regulations of the district in which the building or structure is located.
(d) When a non-conforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be accomplished without undue delay. Failure to reconstruct within one year, will result in revoking the right to non-conforming use and the premises shall now have to conform to the established district regulations.
(Ord. 30-2007. Passed 12-20-07.)