If any lawful use occupying a structure exists on the effective date of this chapter, but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following provisions.
(A) Maintenance. Any structure housing a non-conforming use may be maintained through ordinary repairs.
(B) Enlargement, alteration, reconstruction and relocation. No structure housing in non-conforming use shall be enlarged, structurally altered, reconstructed or relocated unless 50% of the structure is changed to a permitted use.
(C) Extension of use. No non-conforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the non-conforming use be extended to occupy any land outside such structure.
(D) Change of use. A non-conforming use of a structure may be changed to a similar use, to a more restrictive use or to a conforming use. Such use shall not thereafter be changed to a less restrictive use.
(E) Discontinuance of use. When a non-conforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the non-conforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the non-conforming user shall not be counted in calculating the length of discontinuance. For the purposes of multiple-family dwellings discontinuance of use shall be by either physical deconversion of the structure or no valid occupancy exceeding 12 consecutive months.
(1960 Code, § 60-9-5) (Ord. 3714, passed 6-16-1980; Ord. 9217-2023, passed 11-6-2023)