The lawful use of a building or premises, existing at the time of adoption of this zoning code may be continued, except as otherwise provided herein, although such use does not conform to the provisions of such regulations. Non-conforming structures remain subject to the following regulations:
(A) Extension. A non-conforming structure, or structure containing a non-conforming use, shall not be enlarged, replaced or structurally altered except as provided in subsections (C) and (F).
(B) Alteration. No structure containing a non-conforming use shall hereafter be altered in a manner that would tend to prolong the non-conforming use except for ordinary repairs.
(C) Discontinuance. No non-conforming use may be reestablished after it has been discontinued for a period of twelve (12) months, except when government action or structural damage prevents such use. Vacating of premises or building or non-operative status shall be evidence of a discontinued use.
(D) Prior Approval. Proposed structures for which permits have been issued prior to their designation as non-conforming by the adoption or amendment of this chapter may be completed and used as originally intended provided they are completed and in use one (1) year after the date on which the permit was issued.
(E) Use Change. No non-conforming use may be changed to any other nonconforming use unless the Board of Adjustment shall find that the proposed non-conforming use has the same impact or less on the district than the existing non-conforming use of the property. The Board of Adjustment may specify such appropriate conditions and safeguards as may be required in connection with such change and shall require the owner to meet all other specifications of this regulation. This section does not allow for the expansion of a non-conforming structure containing old or new non-conforming uses.
(F) Repairs and Maintenance. On any non-conforming structure or portion of structure, and on any structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring or plumbing or other parts, provided that the floor area or cubic content of the nonconforming structure or portion shall not be increased. Nothing in the zoning code shall be deemed to prevent the strengthening, repairing or restoring to a safe condition of any structure or part thereof.
(G) Restoration. Whenever the non-conforming use of any structure or premises is halted because of the damage, destruction or demolition of the structure by any means, the structure involved may be reconstructed or repaired in conformance with the zoning code and the non-conforming use resumed, provided that such non-conforming use is not extended beyond the scope and area of its operation as it existed prior to such damage, destruction or demolition.
(Ord. 99-6, passed 7-19-99) Penalty, see § 153.999