[R.O. 1992 § 400.240; Ord. No.
861-82 § 1, 2-2-1982]
A.
Nothing contained in this Chapter shall require any change in the
plans, construction or designated use of a building for which the
building footings are in place at the time of the passage of this
Chapter.
1.
Continued And Discontinued Use. The lawful use of land or of
a building existing at the time of the adoption of this Chapter may
be continued, although such use does not conform with the provisions
hereof, and such use may be extended throughout such portions of buildings
as are arranged or designed for such use, provided no structural alterations
are made therein. A non-conforming use may be changed to another non-conforming
use of a more restricted zoning classification. When a non-conforming
use has been discontinued for six (6) months or more it shall not
be re-established. When the non-conforming use of a mobile home space,
a sign, or an open storage lot has been discontinued for sixty (60)
days or more it shall not be re-established. If changed to a conforming
use or more restricted non-conforming use, a non-conforming use may
not thereafter be changed back to a less restricted use than that
to which it was changed. If by amendment to this Chapter any property
is hereafter transferred to a more restricted district by a change
in the district boundaries, or the regulations and restrictions in
a district are made more restrictive, the provisions of this Chapter
relating to the non-conforming use of buildings or premises existing
before February 2, 1982, shall apply to buildings or premises occupied
or used at the time of the passage of such amendment.
2.
Repairs And Restoration. Repairs and improvements may be made
to a non-conforming building or structure, provided that no alterations
shall be made, except those required by law or ordinance, unless the
building or structure is changed to a conforming or more restricted
use; provided that the Board, in case of evident hardship, may permit
an enlargement of a non-conforming use not exceeding fifty percent
(50%) of the ground floor area of the building. Nothing in this Chapter
shall be taken to prevent the restoration, within six (6) months,
of a non-conforming building destroyed to the extent of not more than
one hundred percent (100%) of its reasonable value by fire, explosion,
or act of God, or the public enemy, provided that when such restoration
becomes involved in litigation, the time required for such litigation
shall not be counted as a part of the six (6) months allowed for reconstruction.
Alterations may be made to residences and customary accessory buildings
located in the commercial zone even though they are a non-conforming
use. Enlargement may not exceed fifty percent (50%) of existing square
foot area.[1]
