[Ord. No. 9.004 Art. XII §1, 2-22-1972]
A. 
The lawful use of land for storage purposes, except for agriculture uses, or where such use is an adjunct of any structure and advertising signs and bulletin boards which do not conform to the provisions of this Chapter should be discontinued within one (1) year from the date of the approval of a new zoning ordinance, and the lawful use of land for storage purposes, except for agriculture uses, or where such use is an adjunct for any structure, and signs and bulletin boards which become non-conforming by reason of a subsequent change in this Chapter should also be discontinued within one (1) year from the date of the change.
B. 
The lawful use of a building or structure existing at the time of the effective date of a new zoning ordinance may be continued, although such use does not conform to the provisions of this Chapter. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever such non-conforming use has been changed to a more restricted use or to a conforming use, such use should not thereafter be changed to a less restricted use.
C. 
Whenever the lawful use of a building becomes non-conforming through a change in zoning requirements or district boundaries, such use may be continued and if no structural alterations are made, may be changed to another non-conforming use of the same or of a more restricted classification. Whenever such non-conforming use has been changed to a more restricted use or to a conforming use, such use should not thereafter be changed to a less restricted use.
D. 
A non-conforming use of a building or structure lawfully existing upon the effective date of this Chapter may be maintained and may be repaired or altered, provided that no enlargement of the non-conformance shall be made.
E. 
A structure non-conforming as to use, height, yard requirements or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the zone in which it is located.
F. 
No non-conforming building or structure shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the zone in which it is located.
G. 
Whenever a non-conforming use of a non-agricultural building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or for a continuous period of eighteen (18) months if the building was originally designed and constructed for a non-residential use, such use should not after being discontinued or abandoned, be re-established, and the use of the premises thereafter should be in conformity with the regulations of the district.
H. 
Whenever a non-conforming use of a non-agricultural building or structure, or part thereof, has been discontinued for a period of fourteen (14) consecutive months, such use should not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter should be in conformity with the regulations of the district.
I. 
Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six (6) months should constitute abandonment.
J. 
No existing non-agricultural building or structure devoted to a use not permitted in the district in which such building or premises is located, except when required to do so by law, should not be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or structure is located, provided however, any building containing a residential non-conforming use may be altered in any way to improve livability but no structural alteration should be made which would increase the number of dwelling units therein or the bulk of the building. Any existing building or structure devoted to a use permitted in the district in which such building or structure is situated, but failing to comply with the yard or building setback line requirements of this Chapter, may be enlarged, extended, reconstructed or structurally altered in any manner which does not further encroach upon the required open yard space or building setback line which is not complied with.
K. 
Any non-agricultural building or structure containing a non-conforming use, other than a one-family dwelling use, which is damaged by explosion, fire, flood, wind or other act of God to the extent of fifty percent (50%) or more of its fair market value immediately prior to being damaged should not be repaired or reconstructed except in conformity with the provisions of this Chapter. In the event that the Mayor's estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Adjustment. Reconstruction of a non-conforming one-family dwelling is permissible within the same footprint (length, width, height) as the dwelling it is replacing. This dwelling will either be a replica, in appearance, of the structure it is replacing or will architecturally conform to the adjacent dwellings. All applications for reconstruction will follow the Infill Development Process.
[Ord. No. 9.098, 12-19-2016]
L. 
No non-agricultural building or structure designed or intended to be utilized for a non-conforming use should be constructed or allowed unless substantial construction is under way at the time of the enactment or subsequent amendment of this Chapter and is being diligently prosecuted so that such building or structure will be completed within eighteen (18) months from the time of the enactment or subsequent amendment of a new zoning ordinance. All outstanding building permits for construction which do not meet these requirements should be rendered null and void by the enactment or subsequent amendment of this Chapter.
M. 
When adjacent lots of record are in single ownership and fronting on the same street or place, even though such lots are smaller in area and width than permitted in the use district where located, no building or structure should be erected or structurally altered on such lots, except in conformity with the provisions of this Chapter.