§ 56-713. Nonconforming building and use specifications.

The lawful use of a building or premises, existing at the time of the effective date of the ordinance from which these regulations are derived, may be continued although such use does not conform to all the provisions thereof, except as hereinafter provided:

(1)

A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.

(2)

A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted district.

(3)

Any building, or building and land in combination, in or on which a nonconforming use or building is existing shall not hereafter be expanded or altered except in accordance with the requirements of the district in which it is located.

(4)

The board may authorize, by written permit, in a residentially-zoned district for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.

(5)

Nothing contained in this article shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of such permit, and which entire building shall be completed according to such plans filed within two years from the effective date of the ordinance from which this chapter is derived.

(6)

In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located if the building is adaptable to a permitted use.

(7)

When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of more than 50 percent of its assessed value it shall not be restored except in conformity with the regulations of the district within which it is located.

(8)

These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to these regulations.

(9)

Any nonconforming open use of land shall be discontinued within two years from the date of passage of the ordinance from which this chapter is derived.

(Ord. of 12-4-1973, § 25.0)