[R.O. 2011 §400.240; CC 1974 §§43.500 —
43.535]
A.
The
lawful use of land and advertising signs and bulletin boards which
do not conform to the provisions of this Chapter shall be discontinued
within one (1) year from the date of the approval of this Zoning Code
and the use of land and signs and bulletin boards which become non-conforming
by reason of a subsequent change in that ordinance shall also be discontinued
within one (1) year from the date of the change.
B.
The
lawful use of a building existing at the time of the effective date
of the Zoning Code may be continued, although such use does not conform
to the provisions of this Chapter. 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.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use should not thereafter be changed
to a less restricted use.
C.
Whenever
the use of a building becomes non-conforming through a change in zoning
requirements or district boundaries, such use may be continued and
if no structural alterations are made, it may be changed to another
non-conforming use of the same or of a more restricted classification.
D.
Whenever
a non-conforming use of a building or structure, or part thereof,
has been discontinued for a period of twelve (12) consecutive months,
such use shall not, after being discontinued or abandoned, be re-established,
and the use of the premises thereafter should be in conformity with
the regulations of the district.
E.
Where
no enclosed building is involved, discontinuance of a non-conforming
use for a period of six (6) months shall constitute abandonment.
F.
No
existing building or premises devoted to a use not permitted in the
district in which such building or premises is located, except when
required to do so by law or 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 or premises is located.
G.
Any
building or structure containing a non-conforming use which is damaged
by fire, flood, wind, or other act of God or man to the extent of
fifty percent (50%) or more of its fair sales value immediately prior
to damage shall not be repaired or reconstructed except in conformity
with the provisions of this Chapter. In the event that the Building
Inspector's estimate of the extent of damage or fair sales value is
not acceptable to the applicant for the building permit to repair
or reconstruct such building or structure, the applicant may appeal
to the Board of Adjustment.
H.
No
building or structure designed or intended to be utilized for a non-conforming
use shall be constructed or allowed unless construction is already
underway at the time of the enactment of subsequent amendment of this
Zoning Code and is being diligently prosecuted so that such building
or structure will be completed within eighteen (18) months from the
time of the enactment or subsequent amendment of a Zoning Code. All
outstanding building permits for construction which do not meet these
requirements shall be rendered null and void by the enactment or subsequent
amendment of this Zoning Code.
