(A) General requirements.
(1) Lots, structures or uses of land which were lawful prior to the adoption of this chapter but which would be prohibited under the terms of this chapter shall be permitted to continue subject to the regulations specified in this section.
(2) Except that any single-family, duplex or apartment use existing at the time of passage of this chapter shall be therefore deemed a conforming use.
(3) A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(4) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plan, construction or designated use of any building on which the building permit was lawfully obtained prior to the effective date of adoption or amendment of this chapter.
(B) Nonconforming use of land.
(1) A nonconforming use of land shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption of this chapter.
(2) 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 at the effective date of adoption of this chapter.
(3) Nonconforming uses of open land shall specifically include billboards, posterboards, automobile wrecking yards, trailer and mobile home parks, auction yards, contractors yards, race tracks, stock yards, golf driving ranges and miniature golf courses.
(C) Nonconforming use of buildings or structures.
(1) Except as otherwise provided herein, the lawful use of a building or structure existing at the effective date of this chapter may be continued although such use does not conform to the provisions hereof.
(2) If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or of a more restricted classification.
(3) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(4) The nonconforming use of a building or structure may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of enactment of this chapter.
(5) Should a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(6) No such structure shall be enlarged or altered in any way which increases its nonconformity.
(D) Termination of a nonconforming use.
(1) No building, structures or land where a nonconforming use has been discontinued for a period of six months shall again be put to a nonconforming use.
(2) The casual, intermittent, temporary or illegal use of land, buildings or structures shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of the lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(E) Repairs and maintenance. Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided the total structural repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed 50% of the assessed value of the building or structure for market value at such date, unless such building is permanently changed to a conforming use.
(F) Destruction of a nonconforming use.
(1) No building or structure which has been damaged by any cause whatsoever to the extent of more than 50% of the physical reproduction cost of the building or structure immediately prior to damage shall be restored except in conformity with the regulations of this chapter, and all rights as a nonconforming use are terminated.
(2) If a building or structure is damaged by less than 50% of the physical reproduction cost, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.
(3) Calculation of physical reproduction cost shall be made from the quantities and prices of materials and the hours and costs of labor as of the date immediately prior to damage, reasonably required to reproduce the building or structure in its condition as of the time of damage.
(`87 Code, Zoning Ordinance, Art. III, § 5)