Any use of land or structure existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations:
(A) No structure containing a nonconforming use shall be expanded or substantially remodeled unless approved by the Board of Zoning Adjustment. Before granting this approval, the Board of Zoning Adjustment shall determine that the proposed expansion or remodeling will not result in greater detriment to the surrounding properties. In no case shall an expansion be approved beyond the property limits of the nonconforming use existing at the time of adoption of this chapter.
(B) No nonconforming use may be reestablished after it has been discontinued for one year. Vacating of premises or building or nonoperative status shall be evidence of a discontinued use.
(C) No nonconforming use may be changed to any other nonconforming use unless the Board of Zoning Adjustment shall find that the proposed nonconforming use is less detrimental to the zoning district than the existing nonconforming use of the property. The Board of Zoning Adjustment may specify those appropriate conditions and safeguards as may be required in connection with such changes.
(D) The provisions of § 152.017(C) shall not apply to residences in industrial districts.
(E) All nonconforming mobile homes may not be re-established after discontinued use as defined pursuant to division (C) of this section stating, that no nonconforming use may be re-established after it has been discontinued for one year. Vacating of premises or building of nonoperative status shall be evidence of a discontinued use.
(F) In the event that a non-conforming home is destroyed beyond repair, a replacement home may be constructed in its place for continued use. The replacement home may be the same size as the one being replaced or a larger home may be constructed if the minimum yard dimensions are met, according to Ordinance No. 14-1986, 609 SCHEDULE OF DIMENSION AND AREA REQUIREMENTS in all R-Districts.
(G) Non-conforming homes that existed before enactment of said ordinance may be upgraded or replaced with a home of the same size or a larger home may be constructed if the minimum yard dimensions are met according to Ordinance No. 14-1989, 609 SCHEDULE OF DIMENSION AND AREA REQUIREMENTS in all R-Districts.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 3-1988, passed 2-18-88; Am. Ord. 7-1993, passed 7-12-93; Am. Ord. 9- 1993, passed 10-11-93) Penalty, see § 152.999