(a)   Except as provided in Section 347.06 and Chapter 351, a use of building or land lawfully existing on the effective date of this Zoning Code or of any amendment or supplement thereto, or for which a permit has been lawfully issued, may be continued even though such use does not conform to the provisions of this Zoning Code for the use district in which it is located, but no enlargement or expansion shall be permitted except as a variance under the terms of Chapter 329, and no substitution or other change in such nonconforming use to other than a conforming use shall be permitted except by special permit from the Board of Zoning Appeals. Such special permit may be issued only if the Board finds after public hearing that such substitution or other charge is no more harmful or objectionable than the previous nonconforming use in floor or other space occupied, in volume of trade or production, in kind of goods sold or produced, in daily hours or other period of use, in the type or number of persons to occupy or to be attracted to the premises or in any other characteristic of the new use as compared with the previous use.

   (b)   The enactment of this Zoning Code shall not in any way affect the legality or previous orders requiring the discontinuance of nonconforming uses nor extend the time limit already established when existing nonconforming uses shall be discontinued.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   (a)   A nonconforming use of a building or premises which has been discontinued shall not thereafter be returned to such nonconforming use.

   (b)   A nonconforming use shall be considered discontinued:

      (1)   When the intent of the owner to discontinue the use is express; or

      (2)   When the use is voluntarily discontinued for six (6) months or more. The intent to voluntarily discontinue a use may be implied from acts or the failure to act, including, but not limited to, the removal of and failure to replace the characteristic equipment and furnishings; or

      (3)   The cessation of business operations for two (2) years or more unless the cessation of business operations was caused by factors out of the control of the business such as the disability or illness of the proprietor or governmental action unrelated to the behavior of the business. If the business operations have ceased for more than two (2) years, the presence of characteristic equipment and furnishings is not relevant;

      (4)   When it has been replaced by a conforming use; or

      (5)   When it has been changed to another use under permit from the Board of Zoning Appeals.

(Ord. No. 1138-02. Passed 12-6-04, eff. 12-7-04)

   (a)   Nothing in this Zoning Code shall prevent the strengthening or restoration to a safe condition of any structural part of any building declared unsafe by the Director of Building and Housing or other authorized administrative official or agency of the City. All repairs within the life of a building used for a nonconforming use shall not exceed fifty percent (50%) of the valuation of the building. The value of the repairs shall be determined under Section 3105.20 and the time of evaluation is the time of the repairs. The building valuation shall be the most recent market value as determined by the County Auditor. This section does not apply if the building is changed to a conforming use.

   (b)   A building used for a nonconforming use more than fifty percent (50%) destroyed or removed by whatever cause, including acts of God but not including acts of malicious mischief or vandalism, shall not be restored or replaced except in conformity with the regulations for the district in which it is located.

(Ord. No. 1402-15. Passed 1-25-16, eff. 1-26-16)