[R.O. 2010 §400.730; CC 1970 §33-54; Ord. No. 1305 Art. 10 §1, 4-24-1963]
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 April 24, 1963, and the use of land and signs
and bulletin boards which become non-conforming by reason of a subsequent
change in this Chapter shall also be discontinued within one (1) year
from the date of the change.
[R.O. 2010 §400.740; CC 1970 §33-55; Ord. No. 1305 Art. 10 §2, 4-24-1963]
The lawful use of a building existing on or before April 24,
1963, 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 shall not thereafter be changed to a less
restricted use.
[R.O. 2010 §400.750; CC 1970 §33-56; Ord. No. 1305 Art. 10 §3, 4-24-1963]
Whenever the use of a building becomes non-conforming through
a change in the zoning regulations 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.
[R.O. 2010 §400.760; CC 1970 §33-57; Ord. No. 1305 Art. 10 §4, 4-24-1963]
In the event that a non-conforming use of any building or premises
is discontinued for a period of one (1) year, the use of the same
shall thereafter conform to the use regulations of the district in
which it is located.
[R.O. 2010 §400.770; CC 1970 §33-58; Ord. No. 1305 Art. 10 §5, 4-24-1963]
No existing building or premises devoted to a use not permitted
by this Chapter 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.
[R.O. 2010 §400.780; CC 1970 §33-59; Ord. No. 1305 Art. 10 §6, 4-24-1963]
When a building, the use of which does not conform to the provisions
of this Chapter, is damaged by fire, explosion, act of God or the
public enemy or other causes, to the extent of more than fifty percent
(50%) of its true value, it shall not be restored or used except in
conformity with the district regulations and use regulations of the
district in which the building is situated. When a building, the use
of which does not conform to the provisions of this Chapter, is damaged
by fire, explosion, act of God or the public enemy or other causes,
to the extent of less than fifty percent (50%) of its true value,
it may be restored if the Board of Adjustment finds some compelling
public necessity requiring the continuance of the non-conforming use
and the primary purpose of continuing the non-conforming use is not
to continue a monopoly. True value shall be determined by using assessed
value as the basis of value, taking into account the ratio of assessed
value to true value, being used by the County Assessor's office at
such time.
[R.O. 2010 §400.790; CC 1970 §33-59.1; Ord. No. 4-80 §3, 1-22-1980]
When a building located in an "R-1" or "R-2" Single-Family Dwelling
District and used as a single-family dwelling shall have been constructed
in conformance with the provisions of the Zoning Code at the time
such building was erected, and if the Zoning Code was subsequently
amended by changing the setback requirements for the front yard, side
yard and/or rear yard so as to make such building a non-conforming
building, and such building is damaged by fire, explosion, act of
God or the public enemy or other causes to any extent, including one
hundred percent (100%) of its true value, it may be restored on the
same location and/or foundation as it had occupied previous to such
damage or destruction.
