§ 156.365 PRIOR USES; NON-CONFORMING PERMITTED TO CONTINUE.
   (A)   Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform with the provisions of this chapter for the district in which it is located.
   (B)   No existing building or lot devoted to a use not permitted by this chapter in the district in which such building or lot is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located and except as follows.
      (1)   When authorized by the Board, in accordance with the provisions of §§ 156.570 through 156.578 of this chapter, the substitution for a non-conforming use of another not more objectionable non-conforming use or an extension or a non-conforming use may be made, but not both a substitution and an extension.
      (2)   When authorized by the Board in accordance with the provisions of §§ 156.570 through 156.578 of this chapter, the extension or completion of a building devoted to a non-conforming use upon a lot occupied by such building or on a lot in question on the date the use of such building became non- conforming and where such extension is necessary and identical to the existing use of such building.
      (3)   When authorized by the Board in accordance with the provisions of §§ 156.570 through 156.578 of this chapter, a non-conforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of said building became non-conforming, if no structural alterations, except those required by law, are made therein.
         (a)   Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use.
         (b)   No building, structure or lot where a non-conforming use has ceased for one year or more shall again be put to a non-conforming use.
         (c)   Such repairs and maintenance work as required to keep it in sound condition may be made to a non-conforming building or structure; provided, no structural alterations shall be made, except such as are required by law or authorized by the Board.
         (d)   Variances may be authorized by the Board of Zoning Appeals in the event that a non-conforming use existed on 10-30-1967 and the use has ceased for a period of one continuous year. The variance can include the use in effect on 10-30-1967 or a substitution of a use not less restrictive than that use that was non-conforming on 10-30-1967. While a substitution of a non-conforming use that is less restrictive may be granted, and an extension of a non- conforming use that has ceased to exist for one continuous year cannot be granted or approved.
(Ord. passed 3-10-1993)