If a lawful use involving individual structures, or of a structure and land in combination, exists on the effective date of adoption or amendment of this Zoning Code that is not allowed in the district under the provisions of this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Code but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any nonconforming use of a structure, or of a structure and land in combination, may, as a special exception, be changed to another nonconforming use, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with this Zoning Code.
(d) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.
(e) When a nonconforming use of a structure, or of a structure and land in combination, is discontinued for six consecutive months or for eighteen months during any three-year period (not including any period when government action substantially impedes physical access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(f) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. As used in this subsection, "destruction" means damage to an extent of more than fifty percent of the replacement cost at the time of destruction.
(g) When a nonconforming structure is damaged to an extent of more than fifty percent of the replacement cost at the time of destruction, it may not be rebuilt except in conformity to the regulations of the district in which it is located.
(h) When a nonconforming use is discontinued as a result of damage to the structure in which it is located to an extent of more than fifty percent of the replacement cost at the time of destruction, it may not be restarted.
(i) For purposes of Section 1286.08(f), (g) and (h) damage or destruction of more than fifty percent of the replacement cost shall mean that the cost to replace the structure to its prior condition, is more than fifty percent of the structure's market value according to the Warren or Montgomery County Auditor (as applicable) at the time of destruction.
(j) Whenever a nonconforming use is changed to a less intensive nonconforming use, such use shall not thereafter be changed to a more intensive nonconforming use.
(k) Any nonconforming structure, use, or structure and land in combination becomes conforming shall not be entitled to resume its nonconformity.
(Ord. O-20-2. Passed 1-2-20.)