Article 4-3 NONCONFORMING USES AND BUILDINGS
Lawful use of a building or land existing at the effective date of this Ordinance, although such use does not conform to these provisions, may be continued, provided only reasonable repairs and alterations are made.
A. USES.
1. Such nonconforming use discontinued for a period of six (6) months shall be presumed to be abandoned, and any future use of said building or land shall be in conformity with this Ordinance, unless the owner is able to establish that such use was not intended to be abandoned.
2. A nonconforming use of a building or land may not be changed to another nonconforming use. When a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to a nonconforming use.
3. An existing building or land devoted to a use not permitted under this Ordinance for the district in which located shall not be enlarged, extended, reconstructed, or structurally altered unless the use conforms with this Ordinance. Reasonable repairs or alteration shall be permitted, so long as such repairs or alterations do not permit the expansion of the nonconforming use.
B. BUILDINGS.
1. Any building or land in existence at the effective date of this Ordinance, which does not conform to the district in which located, that shall be destroyed to extent of fifty (50) percent of its value, (as determined by three [3] competent appraisers) then, without further action by Council, said building or land shall, from date of destruction, be subject to this Ordinance.
2. Nothing in this Ordinance shall be interpreted as authorization for continuance of the use of a building or land in violation of zoning regulations in effect prior to adoption of this Ordinance.
3. Nothing in this Ordinance shall be interpreted to require any changes in:
a. An existing building; or
b. A building for which a building permit has been issued and construction has been diligently pursued within three (3) months of the date of permit, and ground story framework (including second tier of beams) has been completed within six (6) months of date of the permit, and the entire building was completed within one year from date of this Ordinance.