§ 153.040  NON-CONFORMING STRUCTURES OR USES.
   Non-conforming structures or land uses are declared to be incompatible with permitted uses in the districts established by this chapter. It is the intent of this chapter to allow nonconformities to continue until they are removed, but not to encourage their survival. The lawful use of any structure or land on the effective date of this chapter may be continued subject to the following regulations:
   (A)   A non-conforming use, structure, or characteristic of use shall not be changed to any other non-conforming use, structure, or characteristic of use unless the Zoning Board of Appeals finds that the new use, structure, or activity is more in character with the uses permitted in the district, in which case the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the purpose of this chapter.
   (B)   The minimum yard requirements of this chapter shall not be construed as prohibiting the conversion of an existing building which does not meet the minimum yard requirements to another permitted use, so long as no further encroachment is made into the exiting yards.
   (C)   A nonconforming structure shall not be demolished and rebuilt as a non-conforming structure.
   (D)   A nonconforming use, structure, or characteristic of use shall not be extended, enlarged, or intensified except in conformity with this chapter, provided however, that any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
   (E)   A non-conforming use, or characteristic of use, shall not be reestablished after vacancy, abandonment, or discontinuance for any period of 6 consecutive months, except where division (F) applies.
   (F)   A non-conforming structure shall not be rebuilt, altered, or repaired except in conformity with this chapter after sustaining damage or necessitating repair exceeding 50% of the replacement cost of the structure at the time of damage or wear, provided that any permitted reconstruction shall begin within 6 months from the time of damage or notice of wear and shall be completed within 12 months after the issuance of a building permit.
   (G)   On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. passed - - )