A. 
Limitations on continuance of nonconforming uses. Any nonconforming use which lawfully existed at the time of passage of this chapter may be continued upon the lot or in the building so occupied. However, except as required by current adopted state and local building code, no structural alterations shall be made to a building which is nonconforming because of use. No nonconforming use of building or land shall be enlarged or relocated to any other building or land or to any other portion of the lot occupied by such nonconforming use, nor shall there be any increase in the square footage of signs advertising said nonconforming use.
B. 
Abandonment of use.
[Amended 5-15-2006 by Ord. No. 06-06]
(1) 
An abandonment of a nonconforming use shall terminate the right to its further use. In determining whether an abandonment of such use shall have occurred, there shall be the concurrence of two factors:
(a) 
An intention to continue the use; and
(b) 
Some overt act or failure to act which carries a sufficient implication that the owner neither claims nor retains any interest in the subject matter of the use.
(2) 
The mere passage of time during a cessation of such use shall not constitute an abandonment, but shall be a factor to be considered.
(3) 
The owner bears the burden of proof by a preponderance of the evidence.
C. 
Restoration of buildings which are nonconforming because of use. If a building or structure which is nonconforming because of use is more than 50% destroyed by fire, explosion, windstorm, or other acts of God, said structure shall not be rebuilt unless in accordance with the use restrictions of the district in which it is located.
D. 
Continuance of nonconforming buildings and structures. A nonconforming structure, provided that the use of the same is permitted in the district, may be reconstructed, enlarged, relocated, or structurally altered, provided that said enlargement, reconstruction, alteration, or relocation complies with all bulk requirements of this chapter.