§ 157.061  NONCONFORMING USES AND STRUCTURES.
   (A)   Nonconforming uses may be continued subject to the following regulations:
      (1)   A nonconforming use shall not be extended or moved to occupy any portion of land or a structure which would otherwise conform with this chapter.
      (2)   Whenever a nonconforming use of any premises has been discontinued for a period of at least six months, no nonconforming use may be reestablished on those premises.
      (3)   A nonconforming use may be changed only to a conforming use unless the Board of Zoning Adjustment shall find that the proposed nonconforming use is less detrimental to the district than the existing nonconforming use of the property.  The Planning Commission shall specify such change.
   (B)   Nonconforming structures may be continued subject to the following regulations:
      (1)   A nonconforming structure shall not be enlarged, replaced, or structurally altered except in conformance with this chapter.  Any structure, however, may be restored to a safe condition if declared unsafe by the Administrative Officer or other official having jurisdiction.
      (2)   A nonconforming structure damaged to the extent of more than 50% of its replacement value shall not be restored except in conformance with this chapter.  Value of the site, of undamaged buildings on the site, and of other improvements on or about the site separate from the damaged structure shall not be used in determining percent of damage to the particular structure or structures. Restoration must begin within 90 days of the date of damage and in accordance with all pertinent regulations.
      (3)   Construction approved prior to adoption or amendment of this chapter or proposed buildings for which building permits have been issued prior to their designation as nonconforming by the adoption or amendment of this chapter may be completed and used as originally intended provided they are completed and in use within one year after the date on which the building permit was issued.
(Ord. 920.1, passed  -  -  )  Penalty, see § 157.999