When at the effective date of this title or amendment thereto, there exists a lawful use of a structure, or use of a principal structure and premises, or use of premises and accessory structures, such structures covering more than ten percent (10%) of the lot area, and such lawful use would not be permitted by the terms of this title or amendment thereto, such use shall be deemed nonconforming and may continue, subject to the following provisions:
A. No structure devoted to a nonconforming use shall be enlarged, extended, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
B. A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use and the extension requires no structural alterations, but no such use shall be extended to occupy any land outside the building.
C. A nonconforming use of a structure, or structure and premises in combination, if superseded by a permitted use, shall not thereafter be resumed.
D. A nonconforming use of a structure, or structure and premises in combination, if discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when governmental action impedes access to the premises) shall not thereafter be resumed.
E. Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more than ten percent (10%) but less than fifty percent (50%) of its replacement cost at time of damage, the restoration of the structure shall be subject to the board of adjustment's finding, after adherence to the procedural requirements for a special exception, that the contemplated restoration is necessary for the continuance of the nonconforming use, and will not result in any increases of incompatibility with the present and future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than fifty percent (50%) of its replacement cost at time of damage, the nonconforming use shall not thereafter continue or be resumed.
F. Where nonconforming use status applies to a structure and premises in combination, termination of the use of the structure shall eliminate the nonconforming status of the use of the land.
G. A nonconforming use of a structure or of a structure and premises in combination shall not be changed unless changed to a use permitted in the district in which located. (Ord., 3-8-1971)