[R.O. 2012 §405.410; Ord. No. 727 §1, 3-6-2000]
Any use lawfully occupying a building or land at the effective
date of this Chapter, November 2, 1970, or of subsequent amendments
hereto, that does not conform to the regulations for the district
in which it is located shall be deemed to be a legal non-conforming
use and may be continued.
[R.O. 2012 §405.420; Ord. No. 727 §1, 3-6-2000]
Any building lawfully existing or in the process of construction,
at the effective date of this Chapter, November 2, 1970, or of subsequent
amendment hereto, that is wholly or partially used or designed for
use contrary to the regulations for the district in which it is located
shall be deemed to be a legal non-conforming building and may be so
used or continued in use. Any building under construction as described
herein shall be completed within six (6) months in order to qualify
as a non-conforming use or shall be made to conform if not completed
within such six (6) month period.
[R.O. 2012 §405.430; Ord. No. 727 §1, 3-6-2000]
A. Maintenance
and minor repairs necessary to keep a non-conforming building in sound
condition, as may be required by law, shall be permitted.
B. In
no case shall a non-conforming building be structurally altered unless
the same will have the effect of, or actually result in, eliminating
the non-conforming use.
C. A non-conforming
building may be enlarged or extended only if the entire building is
thereafter devoted to a conforming use. No building partially occupied
by a non-conforming use shall be altered in such a way as to permit
the enlargement or expansion of the space occupied by such non-conforming
use.
D. When
a non-conforming building is damaged by fire, explosion, act of God,
or the public enemy, to the extent of more than fifty percent (50%)
of its structural value, it shall not be restored except in conformity
with the district in which it is located.
[R.O. 2012 §405.440; Ord. No. 727 §1, 3-6-2000]
No non-conforming use may be enlarged or extended in such a
way as to occupy any required open space on any land beyond the boundaries
of the lot or parcel of land as it existed at the effective date of
this Chapter, November 2, 1970, or to displace any conforming use
in the same building or on the same parcel.
[R.O. 2012 §405.450; Ord. No. 727 §1, 3-6-2000]
In the event that a non-conforming use of any building or premises
is discontinued, or its normal operations stopped, for a continuous
period of six (6) months, use of such building or premises shall thereafter
conform to the use regulations in the district in which the same is
located.
[R.O. 2012 §405.460; Ord. No. 727 §1, 3-6-2000]
Nothing contained herein shall forego the existing powers of
the Governing Body of the City in the gradual elimination of non-conforming
uses and the buildings; provided, that reasonable periods for amortization
or particular uses and buildings shall be required as determined by
the Governing Body.