Preexisting uses. (Nonconforming uses)

A. Definition. A preexisting use is any use of land or of any structure which was in lawful use at the time of passage of this ordinance, but which is not in conformity with the provisions of this ordinance.

B. Continuance. Any preexisting use shall be permitted to continue until such time as such use is discontinued, destroyed, demolished or changed to another use.

C. Discontinuance. A preexisting use which has been abandoned shall not be allowed to be resumed and any future use of such building or land must conform to the provisions of this ordinance. If any nonconforming use is halted for a period of one (1) year, the owner of the property will be presumed to have abandoned the nonconforming use, unless that presumption is rebated by presentation of sufficient evidence of intent not to abandon the use.

D. Destruction. If a preexisting use is destroyed by accident or by act of God or if it is demolished at the direction of the owner, such use may be reestablished, provided the total floor space and location are not altered or increased. Nothing shall prevent the performance of normal maintenance work or work necessary to comply with safety codes on a legal preexisting use.

E. Change of use. A preexisting use may be changed only to a conforming use. A change to a use not conforming to the requirements of the district may be granted only as a variance.

F. Enlargement. A preexisting use may be enlarged only as a special use permit under article I, section 6C.

G. Exemption. Any use which does not conform in dimension, but conforms in use shall be exempt from the provisions of this section, provided the dimensional nonconformity is not increased in any way.

H. Two (2) houses, on one (1) lot. Where two (2) or more dwelling houses, which were in existence at the time of enactment of this ordinance, are located on one (1) lot, the zoning board of review may, by special use permit, permit the division of the lot into separate lots for each house even though the separate lots do not conform in size and/or dimensions to the minimum sizes and/or dimensions for residential use.