(A) The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this chapter, supplement, or amendment may continue although such use does not conform with the provisions of this chapter or any supplement or amendment made after the enactment of this chapter. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, provided that any structural improvements to the building do not exceed 50% of the fair market value of the structure. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
(B) In the event that a nonconforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two years or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this chapter.
(C) Without prior approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
(D) When a nonconforming building or structure has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than 75% of its fair market value, it shall not be restored or reconstructed except in conformity with regulations of the zoning district in which the building or structure is located.
(E) When a nonconforming use qualifies for reconstruction through damage (less than 75% of its fair market value), a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage revokes the right to the nonconforming use and the premises shall conform thereafter to the established district regulations.
(F) A use in violation of the provisions of the Zoning Ordinance which this chapter amends or of a zoning ordinance covering an area of a city or township subsequently annexed to the city shall not be validated by the adoption of this chapter.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617