§ 159.225  NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
   If a lawful use involving individual structures, or a structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district under the terms of this chapter, the lawful uses may be continued so long as it remains otherwise lawful, except as otherwise provided below.
   (A)   Structural Alteration or Enlargement.  No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
   (B)   Substitution of Non-conforming Use.  If no structural alterations are made, any non-conforming use of a structure or structure and land, may, upon appeal to the Board of Zoning Appeals, be changed to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use.  In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.
   (C)   Change in Use.  Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
   (D)   Termination by Discontinuance or Abandonment.  When a non-conforming use of a structure, or structure and land combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(Ord. 62-12-95, passed 1-22-96)  Penalty, see § 159.999