[CC 1996 §405.080; CC 1977 §42.080; Ord. No. 1056 §I, 10-5-1998; Ord. No. 1105 §IX, 5-10-1999]
A. The
lawful use of a building or lot existing at the time of the adoption
of this Chapter or, as applicable, of the adoption of any amendments
to this Chapter may be continued as lawful even though such use does
not conform with the provisions of this Chapter or applicable amendments
thereto and provided that lawful non-conforming industrial or commercial
uses may be enlarged up to fifty percent (50%) of their building area
existing on the effective date of this Chapter or, as applicable,
of the adoption of any amendments to 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 more restrictive use
classification. Whenever a non-conforming use of a building has been
changed to a more restrictive use or to a conforming use, such changed
use shall not thereafter be changed to a less restrictive use.
B. No
building which has been damaged by fire, explosion, act of God or
the public enemy to the extent of more than one hundred percent (100%)
of the insured value shall be restored except in conformity with the
regulations of this Chapter.
C. In
the event that a non-conforming use of any building or lot is discontinued
or its customary operation stopped for a period of one (1) year, regardless
of any reservation of intent not to abandon or to resume such non-conforming
use, the use of same shall thereafter conform to the regulations of
the zoning district in which the building or lot is located. Any one
(1) of the following circumstances shall be deemed discontinuance
of a non-conforming use under this Subsection:
1. When characteristic equipment or furnishings of the non-conforming
use have been removed from the premises and have not been replaced
by similar equipment or furnishings within one (1) year; or
2. When a non-conforming building or lot which is vacant or becomes
vacant and remains unoccupied for a period of one (1) year, but excluding
temporary interruptions in occupancy during periods of remodeling,
maintenance or improvement;
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provided that the foregoing circumstances are listed by way
of illustration only and shall not be deemed exhaustive.
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No use which is accessory to a principal non-conforming use
shall continue after such principal use shall be discontinued or stopped
as provided in this Subsection.
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D. A non-conforming
use occupying only a portion of a building may be extended throughout
the building if the same has been lawfully acquired and actually devoted
to such use, previous to the adoption of this Chapter or to any affecting
amendments thereof.