The lawful use of a building or premises, existing on December 15, 1971, may be continued although such use does not conform to all the provisions thereof, except as hereinafter provided.
(A) A nonconforming use may be extended throughout a building, provided no structural alterations are made therein, except those required by law.
(B) A nonconforming use may 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 of a less restricted district.
(C) No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with this chapter.
(D) No nonconforming mobile home may be removed and replaced unless the new mobile home complies with all use and district requirements of this chapter.
(E) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been issued before the effective date of this chapter 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 within one year of the effective date of this chapter.
(F) 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.
(G) When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to more than 80% of its insured value and is not rebuilt within one year it shall not be restored except in conformity with the regulations of the district within which it is located.
(H) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
(I) Any nonconforming open use of land shall be discontinued on or before December 15, 1976.
(J) A nonconforming building, nonconforming only as to the yard regulations, may not be added to or enlarged in any manner unless the additions or enlargements conform to all the requirements of the district in which it is located; provided however, that said additions or enlargements may be located in a required yard if they do not encroach into any portion of any required yard to a greater extent than the existing nonconforming building encroaches therein, but in no event shall any such additions or enlargements reduce the width of a side yard or the depth of a front or rear yard to less than 50% of that required by the yard requirements of the district in which the lot is located, and the total of all such additions or enlargements so encroaching into any required yard shall not exceed in height or length the height or length of that portion of the adjoining nonconforming building which extends into the same required yard.
(K) No change of use may be on any parcel or in any structure, not including any change in structure or physical character of the parcel or structure, prior to the issuance by the Zoning Administrator of a change of use permit. A change of use permit shall be required when a substitution of a nonconforming use occurs or when use changes between major SIC Code groups occur. If a change of use results in a change of structure requiring an improvement location permit pursuant to this chapter, the new use shall meet all district and use requirements of this chapter.
(1985 Code, § 36-7-4-600(7.0))