§ 154.020 NONCONFORMING USES.
   (A)   The lawful use of land existing upon the effective date of this subchapter, although that use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.
   (B)   The lawful use of a building existing upon the effective date of this subchapter may be continued, although the use does not conform to the provisions hereof. The use may be extended throughout portions of the buildings as are arranged or designed for the use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. If the non-conforming building is voluntarily removed, the future use of the premises shall be in conformity with the provisions of this subchapter. In the event a non-conforming use of any building or premises is discontinued for a period of one year, the use of the premises shall thereafter conform to the provisions of the district in which it is located.
   (C)   A non-conforming use, if changed to a conforming use or a more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.
   (D)   If by amendment of this subchapter any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this subchapter relating to the non-conforming use of buildings or premises existing upon the effective date of this subchapter shall apply to buildings or premises occupied or used upon the effective date of that amendment. Repairs and alterations may be made to a non-conforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
   (E)   A non-conforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50% of its value, the Building Inspector shall issue a reconstruction permit. If destruction is greater than 50% of its value, the Board of Adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of rounding the designated non-conforming use and the purposes of this subchapter.
(Ord. 3-86, passed 6-12-1986)