§ 165.049 NON-CONFORMING USE OF BUILDING WHICH IS DESIGNED FOR USE PERMISSIBLE IN DISTRICT.
   The lawfully existing non-conforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use which is permitted in the district in which it is located may be subject to the following provisions.
   (A)   Expansion. The non-conforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be expanded or extended into any other portion of such building or structure.
   (B)   Discontinuance. If a non-conforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six consecutive months, it shall not be renewed and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.
   (C)   Change. No non-conforming use shall be changed to another non-conforming use when such non-conforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
   (D)   Elimination.
      (1)   In all residential districts, any use lawfully existing at the adoption of this chapter but permitted only in the commercial districts or the industrial districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential purpose or for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation within ten years of the effective date of this chapter.
      (2)   In all commercial districts, any use lawfully existing at the adoption of this chapter but permitted only in an industrial district and located in a building, all or substantially all of which is designed or intended for a use permitted in a commercial district, shall be entirely discontinued and shall thereafter cease operation 15 years from the date of adoption of this chapter.
      (3)   The non-conforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located and which building or structure is required to be removed or altered, remodeled, or converted by § 165.048(C) or (F) of ths chapter, shall be terminated and said use shall not be operated on the premises after said building or structure is removed, altered, remodeled or converted.
(Prior Code, § 166.054) (Ord. 2151, passed 6-28-1971)