(A) Except as hereinafter provided under division (B) below:
(1) Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if it be done within 12 months of such calamity, unless damaged more than 50% of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case reconstruction shall be in accordance with the provisions of this report;
(2) No building, structure or premises where a nonconforming use has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use;
(3) Any nonconforming use of land not involving any structure, may be continued for a period not to exceed three years after enactment of the Zoning Code, whereupon such nonconforming use shall cease or structure shall be removed; and
(4) Any building or structure devoted to a nonconforming use with a fair market value of less than $500, as determined by the Board of Appeals, may be continued for a period not to exceed three years after enactment of the Zoning Code, whereupon such nonconforming use should cease and thereafter such building or structure should be removed or changed to a conforming use.
(B) The provisions of the section, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, should not be applicable where any such building, structure or use would be conforming under the Land Use Plan of the community as defined in § 155.002.
(1999 Code, § 40-4-3) (Ord. 334, passed 10-26-1964) Penalty, see § 155.999