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(A) Any use not in conformity with this chapter and in existence at the time of adoption may continue. However, that use may not be expanded, modified, or transferred without first complying with this chapter.
(B) A use that exists on the date on which this title or an amendment to it is passed may, if otherwise lawful, be continued; and a more restricted use may be substituted for it, even though that use or the more restricted use does not conform to this title or the amendment. A preexisting use may be extended to other parts of the same building, if the extension involves no structural changes other than those required by law.
(C) A use otherwise covered by division (B) may not be carried on in a building that is erected after the use becomes a non-conforming use. However, a use designated for a building for which a building permit is issued before this title or an amendment to it is passed may, if otherwise lawful, be carried on even though it does not conform to the title or amendment, but only if:
(1) Construction is diligently carried on before the expiration of 90 days after the date of the permit; and
(2) The building is completed according to the filed plans before the expiration of three years after this code or the amendment to this title, as the case may be, is passed.
(D) A use covered by division (B) or (C) above ceases to be authorized if:
(1) It is discontinued for a 12-month period during which it is succeeded by no other non-conforming use; or
(2) It is an open use and five years have elapsed since the date the code or amendment, as the case may be, was passed.
(E) A use otherwise covered by division (B) or (C) may not be carried on in a building that is damaged, by more than half of its current assessed value, by fire, explosion, act of God, or the public enemy.
(F) Any parcels of land not in compliance with § 157.040 at the time of adoption of this section by the County Commissioners will have 30 days after such adoption to be brought into compliance. Compliance is to have such parcel under separate title with individual sidwell and taxing key numbers.
(`88 Code, § 8-23) (Ord. 98-20, passed 11-10-98; Am. Ord. 2005-11, passed 9-6-05; Am. Ord. 2008-16, passed 8-5-08)