1181.01 NON-CONFORMING USE.
   (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 Ordinance, supplement or amendment, may continue, although such use does not conform with the provisions of this Ordinance, or any supplement or amendment made after the enactment of the Ordinance. A non-conforming use of a building may be changed to another non-conforming use of the same, or more restricted classification, provided no structural alterations are made. Whenever a non-conforming 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 non-conforming use of any dwelling, building, or structure, and of any lot or premises is voluntarily discontinued for a period of two (2) years or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this Ordinance.
   (c)   Without prior approval, a non-conforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
   (d)   When a non-conforming building or structure has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than seventy-five percent (75%) of its fair market value, it shall not be restored or reconstructed, except in conformity with regulations of the zoned district in which the building or structure is located, except for mobile homes which are subject to conditions in Section 1179.13.
   (e)   When a non-conforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within one year of damage revokes the right to non-conforming use, and the premises shall conform, thereafter, to the established district regulations.
(Ord. 05-08. Passed 4-10-08.)