§ 159.046 NONCONFORMING USE OF CONFORMING BUILDINGS OR STRUCTURES.
   (A)   Applicability. The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions in divisions (B) through (F) below.
(Prior Code, § Q-1-301)
   (B)   Repairs and alterations. Repairs, alterations and structural changes may be made to a conforming building or structure occupied by a nonconforming use, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.
(Prior Code, § Q-1-302)
   (C)   Restoring damaged building or structure.
      (1)   Damage exceeds 75%. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 75% of the building or structure’s value, as determined by a certified appraiser, shall not be restored unless said building or structure, and the use thereof, shall conform to all the regulations of the district in which it is located.
      (2)   Damage less than 75%. In the event such damage or destruction is less than 75% of the building or structure’s value, as determined by a certified appraiser, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.
(Prior Code, § Q-1-303)
   (D)   Discontinuing nonconforming use. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.
(Prior Code, § Q-1-304)
   (E)   Expanding nonconforming use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be extended into any other portion of such building or structure.
(Prior Code, § Q-1-305)
   (F)   Changing nonconforming use. No nonconforming use shall be changed to another nonconforming use if located in a building or structure all or substantially all of which building or structure is designed or intended for a permitted use.
(Prior Code, § Q-1-306)
   (G)   Changing to conforming use. Whenever all or any part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is occupied by a nonconforming use and is subsequently changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.
(Prior Code, § Q-1-307)
(Ord. 912, passed - -) Penalty, see § 159.999