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§ 156.035 CONTINUING NON-CONFORMING USES.
   Any non-conforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Board in accordance with the provisions of this chapter, provided, however, that such continuance is in conformity with any conditions established by the Board, or previous board, or City Council, under a previous zoning ordinance for a zoning variation.
(Ord. 1347, passed 3-18-1991)
§ 156.036 DAMAGED STRUCTURES.
   Any legal non-conforming structure damaged by fire, flood, explosion or other causality subsequent to the date of this chapter may be reconstructed and used as before if such reconstruction is performed within 12 months of the date of such causality and if the restored structure covers no greater area and contains no greater cubic content than before such causality. If approved by the Board, a reconstructed structure may exceed its original lot coverage and cubic content, but must meet the minimum yard requirements of the district in which the structure is located and must meet the off-street parking and loading requirements of this chapter.
(Ord. 1461, passed 7-18-2005)
§ 156.037 YARD AND PARKING REQUIREMENTS.
   The non-conforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A non-conforming building or structure may, with the approval of the Board, be extended, enlarged or replaced but must meet the minimum yard requirements of the district in which the structure is located and must meet off-street parking and loading requirements of this chapter. No change in a non-conforming use which increases vehicle traffic or is otherwise objectionable to the neighborhood shall be permitted by the Board.
(Ord. 1347, passed 3-18-1991)
§ 156.038 NEW NON-CONFORMING USE.
   If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.
(Ord. 1347, passed 3-18-1991)
§ 156.039 CHANGE IN CONSTRUCTION, SIZE AND THE LIKE.
   Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted, or where no approvals are necessary, where construction has been legally started before the enactment of this chapter and complete within a one-year period.
(Ord. 1347, passed 3-18-1991)
§ 156.040 SAFE CONDITIONS.
   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(Ord. 1347, passed 3-18-1991)
§ 156.041 REVERTING TO NON-CONFORMING USE.
   Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
(Ord. 1347, passed 3-18-1991)
§ 156.042 CHANGE IN BOUNDARIES.
   Whenever the boundaries of a district shall be changed so as to transfer an area from one distract to another district of a different classification, this subchapter shall also apply to any uses which hereby become non-conforming.
(Ord. 1347, passed 3-18-1991)
§ 156.043 ABANDONED BUILDING.
   (A)   A non-conforming use of a building or land which has been abandoned shall not thereafter be returned to such non-conforming use.
   (B)   A non-conforming use shall be considered abandoned as follows:
      (1)   When the intent of the owner to discontinue the use is apparent;
      (2)   When the characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within 12 months, unless other facts show intention to resume the non-conforming uses;
      (3)   When a non-conforming use has been discontinued for a period of 12 months; or
      (4)   When it has been replaced by a conforming use. This, however, shall not apply to the rotation of crops, or the alternating use of land for pasture and/or for cultivation from year to year, of land now used for general farming purposes, which may be used in the same manner as heretofore.
(Ord. 1347, passed 3-18-1991)
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