§ 150.290  NON-CONFORMING USES.
   The lawful use of a building or premises existing at the time of passage of this chapter may be continued although the use does not conform to all the provisions of this chapter, subject to the following conditions.
   (A)   A non-conforming use may be extended throughout a building; provided, the size of the structure is not increased; except that, the non- conforming use may be enlarged or altered by a special exception by the Board as provided in §§ 150.260 through 150.264 of this chapter.
   (B)   A non-conforming use may be changed to another non-conforming use of the same or greater restrictions, but not to a use of lesser restrictions; except that, the size of the structure shall not be increased.
   (C)   No building shall be erected upon any premises devoted to a non-conforming use, except in conformance with the provisions of this chapter.
   (D)   The Board may authorize, by written permit, in a district permitting residential use for a period of not more than one year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of the district.
   (E)   Nothing herein contained shall require any change in the plans, construction or designated use of a building for which an improvement location permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to such plans filed within three years from the date of passage of this chapter.
   (F)   In the event that a non-conforming use of any building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
   (G)   Any non-conforming open use of land such as a junkyard or automobile wrecking or salvage yard shall be discontinued within five years from the date of 10-18-1949, which was the date of passage of the city’s general Ord. 1-1949.
   (H)   These provisions apply in the same manner to a use which may become a non-conforming use as a result of an amendment to this chapter.
(Prior Code, § 150.210)  (Ord. 1978-4, passed 3-21-1978)