(A) Effective date. Except as provided in § 152.166(B) of this subchapter, the legal use of buildings or land existing on the effective date of this chapter, which do not conform to the provisions of this chapter may be continued at the same size and in the same manner of operation; provided, however, that no nonconforming use shall be enlarged or increased, nor shall any nonconforming use be expanded to occupy a greater area of land than that occupied by that use at the time of the adoption of this chapter, nor shall any nonconforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter.
(B) Changes to nonconforming uses.
(1) When a legal, nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(2) A legal, nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity.
(3) In cases of nonconformities not addressed by § 152.168(C) or (D) of this subchapter, legal, nonconforming single-family and two-family units may be improved to maintain the livability of the dwelling, provided the structure is not expanded.
(C) Discontinuance. In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. If a nonconforming use is interrupted or prevented from operating because of governmental action, such as road construction, that period shall not be deemed as discontinuance of the nonconforming use.
(Prior Code, § 11-15-3) (Ord. 258, passed 5-4-2006)