It is the purpose of this article to provide for the regulation of nonconforming uses, buildings, and structures. It is not the purpose of this article to deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of the adoption of this chapter but to provide for the regulation and, if necessary, the gradual elimination of uses, buildings or structures which are incompatible with the character of the districts in which they are located.
Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of this chapter or of any subsequent amendment thereto may be continued in accordance with the regulations which follow.
A. 
A nonconforming building, structure or use lawfully established on the effective date of this chapter shall not be subject to the provisions of this article solely by reason of being nonconforming with respect to the standards prescribed in this chapter for:
(1) 
Floor area ratio.
(2) 
Yards (front, side or rear).
(3) 
Lot area per dwelling unit.
(4) 
Lot width.
(5) 
Ground floor area.
(6) 
Off-street parking and loading spaces.
B. 
No building designed and used as a dwelling which was legally established on the effective date of this chapter in any district shall be subject to elimination because of the provisions of this article.
Any lawful existing use which does not conform with the regulations of the district in which it is located shall be subject to the following provisions:
A. 
A nonconforming use shall not be enlarged nor shall it be extended to occupy an area greater than the area occupied by such use on the effective date of this chapter.
B. 
A nonconforming use shall not be moved in whole or in part to any other position of the lot or parcel occupied by such use on the effective date of this chapter or any amendment creating the nonconformity.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
If a nonconforming use of land ceases for a period of six months or more and if the building or structure thereon is adaptable to a use permitted in the district in which it is located, then a subsequent use of land must conform to the regulations specified by this chapter for the district in which it is located.
D. 
Should a nonconforming use of structure or building, which is designed or intended for a use which is not permitted in the district in which it is located, be damaged or destroyed by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50% of the cost of the restoration of the entire building new, then it shall not be restored unless said building or structure or use shall conform to all of the regulations of the district in which it is located.
E. 
A nonconforming use shall not be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located.
A nonconforming use shall be discontinued and cease in accordance with the following:
A. 
Where no buildings or structures are employed in connection with such use, it shall be discontinued within one year.
B. 
Where only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation of not more than $2,000, they shall be discontinued within two years.
C. 
Where a nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use or building or structure is discontinued.