§ 165.046 AUTHORITY TO CONTINUE NON-CONFORMING BUILDINGS, STRUCTURES AND USES.
   (A)   Any pre-existing non-conforming use, building or structure which existed lawfully at the time of the adoption of this chapter and which remains non-conforming, and any use, building or structure which became non-conforming upon the adoption of this chapter or which will become non-conforming upon the adoption of any amendment thereto, may be continued, some for specified and respective periods of time, subject to the regulations which follow.
   (B)   Notwithstanding the above division (A), any use that would require a special use permit to operate within that zoning district shall be deemed non-conforming if no special use permit has been obtained. Legally non-conforming uses of this type shall be allowed to continue until there is a change of ownership or, for non-residential properties, tenancy, at which time the new owner or, for non-residential properties, tenant shall apply for a special use permit under § 165.089 of this chapter to become a conforming use. Such special uses shall be granted provided that the special use meets all standards under § 165.089(F) and all violations of building codes discovered during mandatory inspections have been resolved, except that no special use shall be denied solely for non-conformance with the regulations listed in § 165.047(A) of this chapter.
(Prior Code, § 166.051) (Ord. 2151, passed 6-28-1971; Ord. 2024-037, passed 8-27-2024)