§ 156.149  NON-CONFORMING USES OF STRUCTURES AND LAND.
   (A)   If a lawful use of a structure and land exists at the effective date of adoption of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful.
   (B)   An existing structure, devoted to a use not permitted by this chapter, in the district in which it is located, may be enlarged, extended or structurally altered by no more than 25% increase of the area of said building at the date of adoption of this chapter; and provided further that, any alteration, extension or addition shall conform with height, area, width and yard requirements for the district in which it is located.
   (C)   A non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption of this chapter. No such use shall be extended to occupy any land outside such building.
   (D)   (1)   In a commercial or industrial district, a non-conforming use of a structure and premises may be changed to another non-conforming use of the same or more restricted classification; provided that, said proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use.
      (2)   The final decision as to whether such a change in non-conforming usage will be permitted shall be by the Town Council. No authorization shall be granted until a public hearing has been held by the Plan Commission and its recommendations considered by the Town Council. The legal procedure to be followed prior to a decision being rendered shall be the same as that outlined for special use in § 156.104 of this chapter.
      (3)   Conditions and restrictions may be applied as part of the authorization if deemed necessary by the Town Council.
   (E)   When a non-conforming use is replaced by a permitted use, it shall thereafter conform to the regulations for the district, and a non-conforming use may not thereafter be resumed.
   (F)   When a non-conforming use of a structure and premises is discontinued or abandoned for 12 consecutive months, the structure and premises, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
   (G)   Should such non-conforming structure be involuntarily damaged or destroyed by fire, explosion, windstorm or other similar cause to an extent of 75% or more, of the replacement cost at the time of destruction, the destruction of the structure shall eliminate the nonconforming status of both the structure and the land on which it is located.
(Ord. 9-80, passed 12-15-1980)