[Code 1999 §405.190; CC 1979 §300.400; Ord. No. 471 §300.400, 5-11-1995]
A.
The
lawful use of land at the time of approval of this Chapter, May 10,
1979, although such use does not conform to the provisions of this
Chapter, may be continued for the same use. If such non-conforming
use is discontinued for more than one hundred eighty (180) days, any
future use of such land shall be in conformity with the provisions
of this Chapter.
B.
The
lawful use of a building or other structure at the time of approval
of this Chapter may be continued for the same use and such use may
be continued throughout the building life provided no structural changes
are made therein except those required by law or ordinance, although
such use does not conform to the provisions of this Chapter. If such
non-conforming use is discontinued for more than ninety (90) days,
every future use of such land, building or structure shall be in conformity
with the provisions of this Chapter.
C.
The
foregoing provisions shall also apply to non-conforming uses created
in districts hereafter changed.
Nothing herein shall be deemed to prevent the restoration of
a building destroyed to the extent of not more than seventy-five percent
(75%) of its reasonable value by fire, explosions, or other casualty,
or the public enemy. Following restoration, the continued occupancy
or use of such building may be continued in the same manner as before
the destruction. If restoration is not accomplished within one hundred
eighty (180) days, the continuation of the non-conforming use shall
be subject to approval by the Board of Adjustment.
