[R.O. 1997 § 400.660; Ord. No.
1021 Art. 15 § 15-1, 2-1-1966]
In a residential district where open land is being used as a non-conforming use, and such use is the principal use and not accessory to the main use conducted in a building, such non-conforming use shall not be extended, enlarged or changed to another non-conforming use, either on the same or adjoining property. Such non-conforming use of open land shall specifically include billboards, poster boards, automobile wrecking yards, scrap iron and junk storage, auction yards, contractors' yards, stockyards, golf driving ranges and miniature golf courses, and trailer camps or parks not approved under Article XII of this Chapter. If the non-conforming use of such open land ceases for a continuous period of one (1) year, then said property shall not again be used except in conformity with the regulations of the district in which such open land is located.
[R.O. 1997 § 400.670; Ord. No.
1021 Art. 15 § 15-2, 2-1-1966]
The lawful use of a building existing at the effective date
of this Chapter (February 1, 1966) may be continued, although such
use does not conform to the provisions hereof. 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 shall not thereafter be changed
to a less restricted use. The non-conforming use of a building may
be hereafter extended throughout those parts of a building which were
lawfully and manifestly arranged or designed for such use at the time
of the enactment of this Chapter.
[R.O. 1997 § 400.680; Ord. No.
1021 Art. 15 § 15-3, 2-1-1966]
No building or portion thereof used in whole or in part for
a non-conforming use in a residential district which remains idle
or unused for a continuous period of one (1) year, whether or not
the equipment or fixtures are removed, shall again be used except
in conformity with the regulations of the district in which such building
or land is located.
[R.O. 1997 § 400.690; Ord. No.
1021 Art. 15 § 15-4, 2-1-1966]
Repairs and alterations may be made to a non-conforming building,
provided that no extensions shall be made unless the building is changed
to a conforming use; provided, however, the Board of Zoning Adjustment
by special permit in the case of evident hardship may grant an extension
of non-conforming use not exceeding twenty-five percent (25%) of the
ground area of the building.
[R.O. 1997 § 400.700; Ord. No.
1021 Art. 15 § 15-5, 2-1-1966; Ord. No. 1849 § 3, 10-6-1981]
Nothing in this Section or any other Article of the Zoning Code
shall prevent, within a period of six (6) months from the date of
the damage, the securing of a permit for the restoration of a non-conforming
building or a building constructed on a lot less than the minimum
width or minimum lot area which has been damaged by fire, explosion,
act of God, or act of the public enemy.
[R.O. 1997 § 400.710; Ord. No.
1021 Art. 15 § 15-6, 2-1-1966]
The casual, intermittent, temporary, or illegal use of land
or buildings shall not be sufficient to establish the existence of
a non-conforming use and the existence of a non-conforming use on
the part of a lot or tract shall not be construed to establish a non-conforming
use on the entire lot or tract.
[R.O. 1997 § 400.720; Ord. No.
1021 Art. 15 § 15-7, 2-1-1966]
Where a non-conforming use exists shall be a question of fact
and shall be decided by the Board of Adjustment after public notice
and hearing and in accordance with the rules of the Board.
