(A) (1) The lawful use of land existing at the time of the passage of this chapter, although such does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this chapter.
(2) If a building occupied by a non-conforming use is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with the provisions of this chapter.
(B) The lawful use of a building at the time of passage of this chapter may be continued, although such does not conform to the provisions hereof, and such use may be extended throughout the building; provided, no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of the building may be changed to another non-conforming use of the same or more restricted classification; provided, however, that, in the event a non-conforming use of a building is once changed to a non-conforming use of a higher or more restricted classification, it shall not later revert to the former or less restricted classification.
(C) The right of non-conforming use to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation as may in the judgment of the Board of Adjustment be reasonably required for the protection of adjacent property.
(D) Nothing in this section shall be taken to prevent restoration of a building destroyed to the extent of not more than 51% of its reasonable value by fire, explosion or other casualty, or act of God, or a public enemy, nor the continued occupancy or use of such building, or part thereof, which existed at the time of such partial destruction.
(2004 Code, § 9-902) (Ord. 83-4, passed 10-18-1983)