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.

(Ord., passed - -79)

   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:

   (A)   When authorized by the Board in accordance with the provisions of §§ 152.235 through 152.244, the substitution for a nonconforming use of another not more objectionable nonconforming use may be made.

   (B)   When authorized by the Board in accordance with the provisions of §§ 152.235 through 152.244, the extension of a use and the extension or completion of a building devoted to a nonconforming use may be made upon the lot occupied by such use and/or building or on a lot adjoining, provided that the adjoining lot was under the same ownership as the lot in question on the date the use of such building became nonconforming and where such extension is necessary and identical to the existing use.

   (C)   When authorized by the Board in accordance with the provisions of §§ 152.235 through 152.244, nonconforming 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 nonconforming, if no structural alterations, except those required by law, are made therein.

(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80) Penalty, see § 152.999

   Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord., passed - -79) Penalty, see § 152.999

   No building, structure or lot, or any part of a building, structure or lot, where a nonconforming use has ceased for 90 days or more shall again be put to a nonconforming use. If a dwelling unit that is a nonconforming use is vacant or unoccupied for 90 days or more, the dwelling unit shall not be again put to a nonconforming use.

(Ord., passed - -79; Am. Ord. 2013-012, passed 12-16-13) Penalty, see § 152.999

   All uses nonconforming at the time of adoption of this chapter by reason of noncompliance with the provisions of §§ 152.090 through 152.092, if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three years of the adoption of this chapter.

(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80) Penalty, see § 152.999

   Any nonconforming building or structure damaged more than 60% of its then fair market value, exclusive of foundations at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence, but if less than 60% damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such occurrence.

(Ord., passed - -79) Penalty, see § 152.999

   Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations and no addition of any dwelling units shall be made except such as are required by law.

(Ord., passed - -79; Am. Ord. 2013-012, passed 12-16-13) Penalty, see § 152.999

   (A)   The purpose of this section is to prohibit the use of the street-level, first-floor portion of any structure in the B-2 Community Business District as shown on the Zoning Map from use and occupancy as a dwelling, residence, boarding room, hotel room, motel room, or any other living area. It shall be a nonconforming use for any person to use any part of the street-level, first-floor portion of any structure in the B-2 Community Business District as shown on the Zoning Map, as a dwelling, residence, boarding room, hotel room, motel room, or any other living area, and any such use is hereby prohibited. However, any structure in which the entire structure was originally designed for use as a single-family residential dwelling, and where the entire structure continues to be used as a single-family residential dwelling, may continue to be used as a single-family residential dwelling unit even if a portion of the single-family residential structure is located on the street-level, first-floor portion of the structure.

   (B)   One intent of the B-2 Community Business District is to provide a traditional center of commerce for the city. This district is characterized by traditional and historic downtown development patterns and uses, including buildings located close to the street and adjacent to pedestrian oriented public sidewalks, and located close to a financial centers, government centers and other retail and entertainment uses. Street-level, first-floor living areas in this district are contrary to this intent.

(Ord. 2013-012, passed 12-16-13)