§ 153.188 NONCONFORMING USES.
   The lawful use of a building or structure existing at the time of the adoption of this chapter may be continued although the use does not conform with the district provisions herein.
   (A)   A nonconforming use may be extended throughout the building or structure, provided no structural alterations or changes are made therein, except those required by law or ordinance or as may be required for safety, or as may be necessary to secure or insure the continued advantageous use of the building during its natural life.
   (B)   Any nonconforming building or structure damaged more than 50% of its then appraised value, exclusive of foundations at the time of damage by fire, collapse, explosion or acts of God or public enemy, shall not be restored or reconstructed and used as before such a happening; but, if less than 50% damaged above the foundation, it may be restored, reconstructed or used as before provided that it is done within 12 months of the happening and that it be built of like or similar materials, or the architectural design and building materials are approved by the Planning Commission.
   (C)   A nonconforming use cannot be changed to a comparable nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of less restricted district.
   (D)   In the event that a nonconforming use of any building or building and land is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.
   (E)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
   (F)   (1)   Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, prior to the effective date of this chapter may be completed and used in accordance with the plans and application on which the building permit was granted.
      (2)   Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. The structure and use shall thereafter be a legally nonconforming structure and use.
(Ord. passed 3-9-93; Am. Ord. 98-02, passed 11-10-98; Am. Ord. 00-01, passed 5-9-00; Am. Ord. 00-03, passed 6-13-00)