§ 162.475 NON-CONFORMING USES OF LAND.
   Any lawful use of land existing on the effective date of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.
   (A)   Intensification or extension of use. A non-conforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the effective date of this chapter.
   (B)   Relocation. No non-conforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.
   (C)   Change of use. Whenever a non-conforming use of a building has been changed to a more restrictive use or to a conforming use, such shall not thereafter be changed to a less restrictive use. 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 classification.
   (D)   Discontinuance. When a non-conforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator 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, § 60-9-6) (Ord. 9217-2023, passed 11-6-2023)