The lawful use of any building or land existing prior to the enactment of this Zoning Ordinance may be continued, although such use does not conform with the provisions of this Zoning Ordinance; however, to achieve the purposes of this section the following regulations shall apply:
(a) Expansion. A building or structure containing a nonconforming use may be altered, improved or reconstructed provided such work is not to an extent exceeding thirty percent (30%) total increase in the size of the nonconforming building or structure.
(b) Restoration. Whenever a building, the use of which does not conform to the provisions of this Zoning Ordinance, is damaged by fire, explosion or act of God, it may be restored to its original dimensions if reconstructed within eighteen months for residences and their accessory buildings/uses and twenty-four months for all other structures.
(c) Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a building or structure shall be permitted when approved by the Board of Appeals.
(d) Displacement. No nonconforming use shall displace a conforming use.
(e) Change in Use. No nonconforming use may be changed to another nonconforming use unless the Board of Appeals determines that the proposed nonconforming use is in the same zoning district uses as the prior nonconforming use or in the uses listed as permitted in a more restricted zoning district. Public hearing, notices, etc., are required.
(f) Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of two years or more, such discontinuance shall be considered legal abandonment of the nonconforming use. At the end of that two year period, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Ordinance.
(g) A Change of Zoning Districts. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein.
(h) Construction Approval Prior to Zoning Ordinance. Nothing in this Zoning Ordinance shall prohibit the completion of the construction and use of nonconforming buildings for which construction was commenced before the adoption of this Zoning Ordinance provided that the construction is carried on diligently and without interruption and that the entire building shall have been completed within two years after the beginning of construction.
(i) Nonconforming Conditional Uses. Uses existing prior to the enactment of this Zoning Ordinance which are listed as conditional uses in the district in which they are located shall be considered as nonconforming uses until a conditional zoning certificate has been applied for and issued for such use.
(Ord. 13-87. Passed 7-27-87.)