No existing buildings or premises devoted to a use not permitted by this Zoning Ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:
(a) Substitution May Be Made.
(1) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.
(2) Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(3) When authorized by the Board of Zoning Appeals according to the provisions of Sections 1161.03 and 1161.06, the substitution for a nonconforming use, if no structural alterations, except those required by law or regulation, are made. However, in any R District no change shall be permitted to any use prohibited in a B-1 Business District, and in any B District no change shall be permitted to any use prohibited in any M Industrial District.
(b) Discontinuance. In the event that a nonconforming use of any building or structure and of any land is voluntarily discontinued for two years or more, any further use thereof shall be in conformity with the provisions of this Zoning Ordinance.
(c) Extensions May Be Made.
(1) When authorized by the Board according to the provisions of Sections 1161.03 and 1161.06, the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental to the existing use of such building. However, the floor area of such extension shall not exceed in all, thirty-five percent of the floor area of the existing building or buildings devoted to a nonconforming use and provided further, that such extension or extensions shall be undertaken within five years of the date when the use of such buildings became nonconforming.
(2) When authorized by the Board, according to the provisions of Sections 1161.03 and 1161.06, a nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this Zoning Ordinance (Ordinance 11-71, passed May 25, 1971), if no structural alterations, except those required by law, are made therein.
(d) Replacing Damaged Buildings. Any nonconforming building or structure damaged more than sixty percent of its then fair market value exclusive of the foundations at the time of damage by fire, flood, explosion, war, riot, or act of God, shall not be restored or reconstructed and used as before such happening; but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such happening.
(Ord. 11-71. Passed 5-25-71.)