1121.01 NON-CONFORMING USE.
   (a)   The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of enactment of this Ordinance, supplement, or amendment may continue, even though such use does not conform with the provisions of this Ordinance or any supplement or amendment made after the enactment of this Ordinance. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or of a more restricted classification. Whenever a non-conforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
   The non-conforming use of any land or premises existing on the effective date of the Zoning Ordinance may be continued provided that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property, except when authorized by the Zoning Board of Appeals in accordance with the provisions of Chapter 1104. If such non-conforming use of land or any portion is discontinued or changed, any future use of such land shall be in conformity with the provisions of the Zoning Ordinance.
   (b)   In the event that a non-conforming use of any dwelling, building, or structure and of any lot or premises is voluntary discontinued for a period of twenty-four (24) months or more, any future use of the lot, building, or structure shall be in conformity with the provisions of this Ordinance.
   (c)   Any building arranged, intended, or designated for a non-conforming use, but at the time of the passage of the Zoning Ordinance is not being so used and continues to be unused for a period of twenty-four (24) months from the time of the passage of the Zoning Ordinance shall not, after such twenty-four (24) months, be used except in conformity with the regulations of the district in which such building is located.
   (d)   Without prior approval, a non-conforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use.
   (e)   Any building arranged, intended or designated for a non-conforming use, the construction of which has been started at the time of the passage of this Zoning Ordinance but not completed, may be completed and put into such non-conforming use provided it is done within one (1) year after the Zoning Ordinance takes effect.
   (f)   When a non-conforming building or structure has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 75 percent (75%) of its fair market value, it shall not be restored or reconstructed except in conformity with regulations of the zoned district in which the building or structure is located.
   (g)   When a non-conforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage revokes the right to non-conforming use, and the premises shall conform thereafter to the established district regulations.
   (h)   When non-conforming trailers or mobile homes are located on a lot in any district other than a mobile home park and are once removed, they shall not be relocated on such lot and shall not be replaced with another trailer or mobile home.
   (i)   A use in violation of the provisions of the Zoning Ordinance which this Ordinance which this Ordinance amends or of a Zoning Ordinance covering an area of a city, village, or township subsequently annexed to the Village of New London shall not be validated by the adoption of this Ordinance.
(Ord. 2015-09. Passed 7-13-15.)