(A) Continuance of use.
(1) General. Any structure or use lawfully existing prior to a revision to this chapter or a change in a zoning district designation which makes the structure or use non-conforming shall not be enlarged, but may be continued at the size and in the manner of operation existing upon such date, except as hereinafter specified or subsequently amended.
(2) Parking areas for non-residential uses, allowed by conditional use permit, in the R-1, R-2, R-3, R-4 and R-5 districts. Parking areas in existence as of the date of enactment of this section, and having setbacks which are non-conforming with respect to setback requirements stated in § 160.055(D) of this chapter, may continue in use and may be resurfaced and restriped, and may be reconstructed or replaced using setbacks which conform to the section in effect at the time of original construction; except that, a parking lot being reconstructed or replaced shall be made conforming to the current setback requirements in effect at the time of reconstruction or replacement if feasible without reducing the required number of parking spaces. The feasibility of meeting the current setback requirements shall be determined by the Director of Community Development.
(3) Day care centers and group nurseries. Day care centers and group nurseries in existence as of the date of the enactment of Ord. 595, having a play yard less than 200 feet from the Highway 10 right-of-way line, shall not be considered a non-conforming use, and any structure or play yard on the premises may be reconstructed, expanded or enlarged as long as the setback of the play yard from the Highway 10 right-of-way line is not made less by the reconstruction, expansion or enlargement.
(B) Prior construction permits. Any proposed structure which will, under this chapter, become non- conforming, but for which a building permit has been lawfully granted prior to the effective date hereof, may be completed in accordance with the approved plans; provided, construction is started within 60 days of the effective date hereof, is not abandoned for a period of more than 120 days and continues to completion within two years. The structure and use shall thereafter be a legally non-conforming structure and use.
(Prior Code, § 1123.02) (Ord. 584, passed 07-15-1996; Ord. 590, passed 11-26-1996; Ord. 595, passed 04-14-1997)