401.  Application of this Ordinance.

401.01.  Application Generally.  Except as hereinafter provided, no
building or structure shall be erected, moved, altered or extended,
and no land, building or structure, or part thereof, shall be
occupied or used unless in conformity with regulations specified in
this Ordinance for the district in which it is located.

401.02.  Application to Existing Structures.  This Ordinance shall
not apply to existing buildings and structures, nor to the existing
use of any building, structure or land to the extent of such use on
the effective date of this Ordinance.  However, this Ordinance shall
apply to any change in use, alteration, extension or movement of a
building or structure, and to any change in the use of land
subsequent to the effective date of this Ordinance.

401.03.  "Use" Defined.  For the purpose of this Ordinance, the word
"Use" shall mean :

(1) Any purpose of which a building or other structure or a tract of
land may be designed, arranged, intended, maintained or occupied; or

(2) Any activity, occupation, business or operation carried on, or
intended to be carried on, in a building or other structure, or on a
tract of land.

402.  Non-Conforming Uses, Buildings and Structures.

402.01.  Definitions of Non-Conforming Uses, Buildings and Structures.

(1) "Non-Conforming Use" means any lawful use of land or any lawful
use of a building or structure existing on the effective date of this
Ordinance, or any amendment thereto, which use does not conform with
the regulations for the district in which it is located after the
effective date of this Ordinance or such amendment.

(2) "Substandard Building" or "Substandard Structure" means any
building or structure lawfully existing on the effective date of this
Ordinance or any amendment thereto which building or structure does
not conform with the regulations, including dimensional standards,
for the district in which it is located after the effective date of
this Ordinance or such amendment.

402.02.  Preservation of Non-Conforming Uses.  Except as hereinafter
provided in this Section, the lawful use of land or the lawful use of
a building or structure existing on the effective date of this
Ordinance or on the effective date of any amendment thereto may be
continued although such use does not conform to the provisions of
this Ordinance, except as otherwise provided in this Section 402.

402.03.  Preservation of Dimensionally Substandard Buildings or
Structures.  Except as hereinafter provided in this section,
buildings or structures lawfully existing on the effective date of
this Ordinance or on the effective date of any amendment thereto may
be maintained although such building or structure does not conform to
the dimensional standards of this Ordinance, but any such building or
structure shall not be altered or improved beyond normal maintenance,
except that any lawful dimensional substandard residential building,
accessory building or structure may be altered or improved if the
existing substandard dimension relates only to setback requirements
and does not exceed ten percent (10%) of the minimum setback
requirements, but such alteration or improvement shall conform to all
of the provisions of this Ordinance and shall not increase the
existing substandard square footage.

402.04.  Unlawful Uses, Buildings and Structures.  No unlawful use of
property existing on the effective date of this Ordinance or any
amendment thereto nor any building or structure which is unlawfully
existing on such date shall be deemed a non-conforming use or a
non-conforming building or structure.

402.05.  Permit Holders and Permit Applicants.  Any non-conforming
structure that is ready for or under construction on the effective
date of this Ordinance or any amendment thereto may be completed and
occupied in accordance with the requirements of any valid building
permit issued therefor prior to such effective date.

402.06.  Change From One Non-Conforming Use to Another.  A
nonconforming use may be changed only to a use permitted in the
district in which it is located; except that if no structural
alterations are made, a non-conforming use of a building may be
changed to another nonconforming use of the same or a more
restrictive classification, and provided such change is approved by
the Board of Adjustment and Appeals as hereinafter provided.  Once
changed to a conforming use, no building or land shall be permitted
to revert to a non-conforming use.

402.07.  Change of Use With Approval of the Board of Adjustment.  A
non-conforming use, all or partially conducted in a building or
buildings, may be changed to another non-conforming use only upon
determination by the Board of Adjustment, after a public hearing,
that the proposed new use will be no more detrimental to its
neighborhood and surroundings than is the use it is to replace.  In
determining relative "detriment", the Board of Adjustment shall take
into consideration, among other things: traffic generated; nuisance
characteristics, such as emission of noise, dust and smoke; fire
hazards; and hours and manner of operation.

402.08.  Restoration of Non-Conforming Buildings or Structures.  A
non-conforming building or structure which is damaged or destroyed by
fire, flood, wind, earthquake or other calamity may be restored and
the occupancy or use of such building, structure, or part thereof,
which existing at the time of such partial destruction, may be
continued or resumed, provided that the restoration is.started within
a period of one (1) year and is diligently prosecuted to completion,
unless the damage to such building or structure is equal to fifty
percent (50%) or more of the replacement cost thereof (as determined
by the Building Official), in which case, the reconstruction shall
conform to the provisions of this Ordinance, except by conditional
use permit and not to exceed the gross square footage of the previous
structure.

402.09.  Abandonment of Use.  When any non-conforming use of land or
of a building or structure is abandoned for a period in excess of one
(1) year, such land, buildinq or structure shall, thereafter, be used
only as provided by this Ordinance.