(A) Any use that legally existed on the effective date of this chapter, but which does not comply with the provisions of this chapter, is hereby deemed a legal non-conforming use. Any structure that legally existed on the effective date of chapter, but which does not comply with the provisions of this chapter, is hereby deemed a legal non-conforming structure. The burden to prove that a use or structure qualifies as a legal non-conforming use or structure shall rest with the property owner or occupant. In the absence of sufficient proof, the non-conforming use or structure will be deemed to be unlawful.
(B) Legal non-conforming uses and structures are subject to the following regulations:
(1) No legal non-conforming use or structure shall be expanded or enlarged;
(2) No non-conforming use or structure shall be moved, in whole or in part, to any part of a lot or parcel other than that occupied by such use or structure on the effective date of this chapter;
(3) If a non-conforming structure is demolished or damaged, by any means, to an extent of 75% of its value in accordance with the latest tax assessment rolls at the time of such damage, such structure shall not be reconstructed except in conformity with this chapter;
(4) Any non-conforming use or structure that is abandoned or discontinued for a period of one year shall not thereafter be used except in strict compliance with this chapter; and
(5) If any non-conforming use is changed to a conforming use, it shall not thereafter be changed to any non-conforming use.
(C) Nothing in this chapter shall be deemed to require change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this chapter, provided, however, that said construction shall be diligently pursued to completion.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99