[R.O. 2008 § 415.230; R.O. 2007 § 415.230; Ord. No. 4974 § 1, 3-30-2006]
A. A structure or the use of a structure or
premises which was lawful before the effective date of this Chapter,
but which is not in conformity with the provisions of this Chapter,
may be continued subject to the following conditions:
1.
No such use or substantial improvement
of that use shall be expanded, changed, enlarged or altered in a way
which increases its non-conformity.
2.
Uses or adjuncts thereof which are
or become nuisances shall not be entitled to continue as non-conforming
uses.
B. If any non-conforming use or structure
is destroyed by any means, including flood, it shall not be reconstructed
if the cost is equal to or more than fifty percent (50%) of the market
value of the structure before the damage occurred except that if it
is reconstructed in conformity with the provisions of this Chapter.
This limitation does not include the cost of any alteration to comply
with existing State or local health, sanitary, building or safety
codes or regulations or the cost of any alteration of a structure
listed on the National Register of Historic Places or a State inventory
of historic places.