[CC 1974 §43.040; Ord. No. 3868 §§1 — 2, 3-17-1997; Ord. No. 4567 §1, 7-20-2009; Ord. No. 4568 §1, 7-20-2009]
A. 
The continuance of non-conforming uses or structures shall be subject to the following limitations.
1. 
Continuation. The use of any land or structure existing at the time of the enactment of this Chapter may be continued even though such use may not conform with the regulation of this Chapter for the district in which it is located. Any non-conforming use in existence at the time of the enactment of this Chapter may continue as the use of right, exercising all privileges of this Chapter pertaining to the use district in which it would normally be included, with the exception of Subsection (2)(c) below and all the provisions in Subsection (3) below.
2. 
Restoration. Ordinary repairs, alterations or modernization may be made to any structure or portion thereof devoted to a non-conforming use, provided that:
a. 
No structural alterations may be made to such structure except those required by the law or other regulations.
b. 
No non-conforming use is extended or enlarged.
c. 
A structure that is devoted to a non-conforming use which is destroyed or damaged in any manner or from any cause whatsoever, to the extent that the cost of restoration to the condition it was before the occurrence shall exceed fifty percent (50%) of the cost of reconstructing the entire structure, shall not be restored with the exception of the provisions of Section 405.300(D)(6) (Board of Adjustment Review). Any reconstruction must be completed within a period of one (1) year.
d. 
Notwithstanding the provisions of Subsections (2)(a) and (b) above, structures which were used for residential purposes prior to January 1, 1974, and which are located in "C-1", "C-2" and "I-1" districts may be altered structurally and such a residential non-conforming use may be extended or enlarged, provided that setback and all other restrictions of this Chapter are complied with.
3. 
Abandonment. Whenever a non-conforming use has been discontinued for a period of one (1) year, such use shall not thereafter be re-established and any subsequent use shall be in conformity with the provisions of this Chapter.
a. 
Provided, however, a non-confirming residential use in a "C-1", C-2" or "I-1" zone may be re-established despite such use having been discontinued for a period of one (1) year or more.
4. 
Substitution. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification.