[R.O. 2013 § 405.180; Ord. No.
11-34 § 1, 7-25-2011]
A. The lawful use of a building existing on January 23, 1984, may be
continued even though such use does not conform with the provisions
hereof.
B. 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 restricted classifications. Whenever a non-conforming use
of a building 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.
C. Whenever the use of a building becomes non-conforming through a change
in the zoning ordinance 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 a more restricted classification.
D. 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 to the extent of more than sixty-five percent (65%) of its fair market value, it may be restored only by action of the Board of Adjustment as set forth in Section
405.260.
E. In the event that a non-conforming use of any building or premises
is discontinued, or its normal operation stopped, for a period of
one (1) year, the use of the same shall thereafter conform to the
use regulations in the district in which it is located.
F. 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.
G. No existing building devoted to a use not permitted by this Chapter in the district in which such building is located, except when required to do so by law and 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 is located. Non-conforming incidental use buildings may be extended or enlarged or structurally altered or reconstructed by not to exceed a fifty percent (50%) increase in the cubical contents of the building as of January 23, 1984, if a special use permit therefor be granted under Section
405.200 of this Chapter, provided that all height and area regulations shall be observed in any such extension or enlargement or alteration.
H. Any mobile home located in a district other than a Mobile Home Park
District on January 23, 1984, shall be considered as a non-conforming
use of the land under the provisions of this Chapter; provided however,
that the replacement of a mobile home with a newer or improved model
mobile home by an owner occupying an existing mobile home under the
provisions of the special use regulations of this Chapter shall not
be considered such a change so as to alter the pre-existing non-conforming
use.