Except as hereinafter specified, the lawful use of a building or premises existing at the time of the adoption or amendment of the zoning code may be continued, although such use, building or structure does not conform with the provisions of the zoning code for the zone in which it is located.

No existing building or premises or the use thereof, not permitted by the zoning code in the zone in which such building or premise is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or altered, unless changed to a use permitted in the zone in which such building or premises is located, and except as follows:

(A)

Substitution: When authorized by the BZA, the substitution for a nonconforming use of another not more objectionable nonconforming use may be made. However, in an R-Zone, no change shall be authorized to any use that is not a permitted or conditionally permitted use in any R-Zone. In a B-Zone, no change shall be authorized to any use that is not a permitted or conditionally permitted use in any B-Zone.

(B)

Nonconforming use made to conform: Whenever a nonconforming use has been changed to a conforming use; such use shall not thereafter be changed to a nonconforming use.

No building, structure or premises where a nonconforming use has ceased, for a period of one year or more, shall again be put to a nonconforming use.

In the event that any building or structure with a nonconforming use is destroyed by any means to the extent of more than 65 percent of the county auditor's true value, exclusive of the foundation, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of the zoning code. When such a nonconforming structure is damaged, destroyed or falls into disrepair to the extent of 65 percent or less of the county auditor's true value, exclusive of foundation, no repairs or rebuilding shall be permitted except in conformity with all applicable regulations of the zoning code and the following conditions:

(A)

A zoning permit pertaining to such restoration shall be applied for and issued within one year of such destruction. The rebuilding shall be completed within one year. An extension of time may be granted by the BZA.

(B)

Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.

(C)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonload bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

(A)

Certain types of nonconforming uses or structures which present a general nuisance or a hazard to the public health, safety, morals, and general welfare may be considered for termination by:

(1)

A complaint registered by the zoning administrator,

(2)

Fifty percent of the property owners within 200 feet of the nonconforming use.

(B)

The BZA shall hold a public hearing to make a finding with respect to the nuisance or hazardous condition and to determine the necessity of terminating such nonconforming use.

(C)

Such nonconforming uses shall be terminated within a reasonable time to be determined by the BZA based on the reasonable amortization of the capital investment in such uses.