§ 155.008  NONCONFORMING USES.
   (A)   The lawful use of a building or premise, existing on February 21, 1954, may be continued although the use does not conform to all the provisions of this chapter, subject to the following conditions.
      (1)   A nonconforming use may be extended throughout a building provided the size of the structure is not increased.
      (2)   A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided the size of the structure is not increased.
      (3)   Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted district.
      (4)   No building shall be erected on any premises devoted to a nonconforming use, except in conformance with the provisions of this chapter.
      (5)   The Board of Zoning Appeals 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 business or industrial use incidental to the residential construction and development of the district.
      (6)   In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the building or premises shall thereafter conform to the uses permitted in the district in which it is located.  Any nonconforming dwelling which is deficient in ground floor area, and which may be removed from a lot, shall not relocate on a lot.
      (7)   Nothing herein contained shall require any change in the plans for the construction or designated use of a building for which an improvement location permit or a building 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 the plans filed within three years from February 21, 1967.
      (8)   Any nonconforming open use of land such as a junk yard or automobile wrecking or salvage yard located in a district which does not permit the open use of land, shall be discontinued within five years from February 1, 1954.
   (B)   These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.
(Ord. CO-67-2, passed 2-21-67)