1226.05 CONTINUATION, EXPANSION, CHANGE OF NONCONFORMING USES.
   The lawful use of any dwelling, building, or structure, and of any land or premises, as existing at the time of enactment of this Zoning Code may be continued as a nonconforming use except as otherwise provided herein. The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following provisions:
   (a)   Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located.
   (b)    On approval of the Board of Zoning and Planning, a nonconforming use may be changed to a Conditional Use that is provided for in the zoning classification where the non-conforming use is located or a use found to be more nearly in character with the zoning district than the existing nonconforming use.
   (c)   On approval of the Board of Zoning and Planning, a nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use and only if the Board finds that the proposed use is not more injurious to neighboring properties than the existing use.
   (d)    No nonconforming use may be re-established where such nonconforming use has been discontinued for a period of six months without the approval of the Board of Zoning and Planning. Any structure specifically designed and generally limited to the discontinued nonconforming use shall be removed from the lot as soon as possible after the six-month period and in no case more than one year after the use has been discontinued.
   (e)   The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God may be continued and used as before any such calamity, provided the structure has not been destroyed to an extent of more than one-half the replacement cost at the time of destruction, and provided such reconstruction is started within one year of such calamity and is continued in a reasonable manner until completed.
   (f)   A nonconforming use shall cease to enjoy its exemption from the Zoning Code and shall be discontinued:
      (1)   If such nonconforming use is defined and declared to be unlawful or to constitute a nuisance by Ohio R.C. Titles 29 or 37 and/or Chapters 612 to 672, inclusive, of these Codified Ordinances, or
      (2)    If any activity, which is defined and declared to be unlawful or to constitute a nuisance by Ohio R.C. Titles 29 or 37 and/or Chapters 612 to 672, inclusive, of these Codified Ordinances, is conducted, permitted, continued or exists in or on the lot and/or structure subject to such nonconforming use; and upon such discontinuance the use of such lot and/or structure shall thereafter conform to the Zoning Code.
   (g)   Any use requiring a special permit under this Zoning Code shall be deemed a nonconforming use for purposes of this section and any other section of this chapter dealing with nonconformities, and any such special permit shall terminate upon the discontinuance of a nonconforming use pursuant to subsection (f) hereof.
      (Ord. 29-16. Passed 11-15-16.)