§ 153.019 NON-CONFORMING USES.
   (A)   The lawful use of a building or structure existing at the time of the adoption of this chapter may be continued although the use does not conform with the district provisions herein.
   (B)   A non-conforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or ordinance or as may be required for safety or as may be necessary to secure or ensure the continued advantageous use of the building during its natural life.
   (C)   Any non-conforming building or structure damaged more than 50% of the County Assessor’s market value, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God or public enemy, shall not be restored or reconstructed and used as before the happening; but, if less than 50% damaged above the foundation, it may be restored, reconstructed or used as before provided that it is done within 12 months of the happening and that it be built of like or similar materials or the architectural design and building materials are approved by the Planning and Zoning Commission.
   (D)   A non-conforming use cannot be changed to a comparable non-conforming use. Whenever a non-conforming 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 non-conforming use in a less restrictive district.
   (E)   In the event that a non-conforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.
   (F)   Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
   (G)   No junk yard may continue as a non-conforming use after June 3, 1982, except that a junk yard may continue as a non-conforming use in a commercial or industrial district if, within that period, it is completely enclosed within a building or within a continuous solid fence of not greater than eight feet in height or other approved screening which screens completely the operation of the junk yard. Approval of the fence or screen design shall be obtained from the Planning and Zoning Commission.
   (H)   Any proposed structure which will, under this chapter, become non-conforming but for which a zoning permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days and continues to completion within two years. The structure and use shall thereafter be a legally non-conforming structure and use.
(Ord. 209.5, passed 12-14-1994)