§ 152.062 LEGALLY ESTABLISHED NONCONFORMING USES WITHIN LEGALLY ESTABLISHED NONCONFORMING BUILDINGS OR STRUCTURES.
   (A)   If any legally established nonconforming use is located within a legally established nonconforming building or structure, and the legally established nonconforming building or structure becomes unsafe or unlawful by reason of physical condition and is razed, the legally established nonconforming use previously being conducted in the legally established nonconforming building or structure shall be extinguished and no longer permitted.
   (B)   If any legally established nonconforming use is located within a legally established nonconforming building or structure, and the legally established nonconforming building or structure is damaged or destroyed by any means to the extent that restoration will exceed 50% of the cost of construction of the entire building or structure at the time the damage or destruction is reported, as determined pursuant to § 152.065 below, the legally established nonconforming use previously being conducted in the legally established nonconforming building or structure shall be extinguished and no longer permitted.
   (C)   A legally established nonconforming use within a legally established nonconforming building or structure may be changed to a less intense use pursuant to § 152.036 (i.e., within §§ 152.115 through 152.125, or within §§ 152.412 through 152.147, but not from §§ 152.115 through 152.125 to §§ 152.080 through 152.090, provided all other regulations of this section are complied with.
(Ord. 1221, § 1.03(h), passed 1-26-2010)