§ 152.122  NONCONFORMING USES.
   (A)   Expansion, enlargement and modification.  Any nonconforming use of land or a nonconforming use of a conforming structure that is not in compliance with this code shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this code. However, reasonable repairs and alterations are permissible in accordance with the provisions of § 152.121(D).
   (B)   Change of use.
      (1)   Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.  A change to a conforming use shall also not create any additional nonconforming situations.
      (2)   Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy.
   (C)   Loss of nonconforming status. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six months, the rights to a legal nonconforming status shall terminate. The initial decision as to whether a prior existing, non-conforming use has been abandoned shall be made by the Zoning Administrator, subject to said decision being appealed to the Board of Adjustment by the affected property owner within three months of the ruling by the Zoning Administrator following the procedures under § 152.086(K).
   (D)   Conditional uses. A use that received a conditional use permit prior to the effective date of this code and that is permitted in its entirety as a principal use in the district in which it is located under this code shall not be deemed a nonconforming use. Such use shall be deemed a permitted principal use and the Conditional Use approval and conditions of approval relative to the use shall be null and void.
(Ord. 648-18, passed 11-28-2018)