[R.O. 2011 §400.470; Ord. No. 054-87 §VI, 10-21-1987]
A. The
lawful use of a building and/or structure which exists at the time
of the adoption of this Chapter may be continued even though such
use does not conform with the provisions contained in this Article.
B. If
no structural alterations are made, the non-conforming use of a building
and/or structure may be changed to another non-conforming use of the
same or more restricted classification. Whenever a non-conforming
use of a building and/or structure has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
C. Whenever
the uses of a building and/or structure becomes non-conforming through
a change or amendment to the zoning ordinance or district boundaries,
such use may be continued and, if no structural alterations are made,
if may be changed to another non-conforming use of the same or a more
restricted classification.
D. When a building and/or structure, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, Act of God, or the public enemy, to the extent of more than seventy-five percent (75%) of its then fair market value, it may be restored only by action of the Board of Adjustment as set forth in Article
XXII, Zoning Board of Adjustment, of this Chapter.
E. In
the event that a non-conforming use of any building and/or structure
is discontinued, or its normal operation stopped, for a period of
one (1) year, the use of the same shall thereafter conform to the
use regulations in the district in which it is located.
F. A non-conforming
use occupying only a portion of a building and/or structure may be
extended throughout the building if the same has been lawfully acquired
and actually devoted to such use previous to the adoption of this
Chapter or to any affecting amendments thereof.
G. No existing building devoted to a use not permitted by this Chapter in the district in which such building is located, except when required to do so by law and order, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building is located. Non-conforming use in the buildings may be extended or enlarged or structurally altered or reconstructed by not to exceed fifty percent (50%) increase in the cubical contents of the buildings as of the effective date of this Chapter, if a special use permit therefor be granted under Article
XX, Special Use Regulations, of this Chapter, provided that all height and area regulations be observed in any such extension or enlargement or alteration.