1135.08  NONCONFORMING USES.
   (a)   Continuation, Re-establishment, Change, Extension.  Any lawful building or use of a building or land at the time of the passage of this section (Ordinance 1952-98, passed December 17, 1952), may be continued, although the use of such building or land does not conform to the regulations of the district in which such use is maintained.  No nonconforming use may be re-established in any vacant building or on any vacant land where such nonconforming use has been abandoned or discontinued for a period of at least one year except by permission of the City Planning Commission after holding a public hearing.
   An existing nonconforming use of a building, structure or land may be changed to another nonconforming use that is of the same or more restricted classification and is not objectionable to the neighborhood, but no building, structure or land in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.  A nonconforming use of a building, structure or land shall not be expanded or extended into any other portion of such conforming building, structure or land except by permission of the City Planning Commission after holding a public hearing.
   The terms "abandoned" and "discontinued" as used in this subsection shall not be construed to prevent the re-establishment of a nonconforming use in a vacant building or upon vacant land where the owner, through no fault of his own, was legally prevented from exercising such use.
   (b)   Temporary Uses.  Temporary permits for quarries, gravel or sand pits, or for nonconforming buildings or uses incidental to the neighborhood, may be granted by the Board of Zoning Appeals to terminate after an initial period of not more than two years.  They may, however, be ordered renewed for a successive period of not more than one year each.
   (c)   Restoration After Fire or Other Calamities.  Any nonconforming building or structure damaged by fire, explosion, flood, riot or act of God may be reconstructed and used as such before any such calamity, provided the building or structure has not been destroyed to an extent more than sixty percent (60%) of its fair value at that time, and provided such reconstruction takes place within twelve months after the calamity.  However, wherever any building or structure so damaged in excess of sixty percent (60%) was standing on a lot existing and of record at the time of the passage of this section (Ordinance 1952-98, passed December 17, 1952) and not conforming to the area or height regulations of the district in which such building or structure was located, such building or structure may be rebuilt.
(Ord. 1952-98.  Passed 12-17-52.)