(a)

If at any time of enactment of this chapter, any legal activity which is being pursued or any lot or structure legally utilized in a manner for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided; except that advertising structure that becomes nonconforming because of a rezoning have twenty-four (24) months within which to relocate in a permitted area.

(b)

If any change in title of possession or renewal of a lease of any such lot of structure occurs, the use existing may be continued.

(c)

If any nonconforming use (structure or activity) is discontinued for a period exceeding one (1) year after the enactment of this chapter, it shall be deemed abandoned; any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use. (R-1 being more limited and M-2, least limited.)

(e)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two (2) years or more prior to the effective date of this chapter are excluded.

( Ord. of 3-23-67 , Charter Code § 8-1)

All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within sixty (60) days after the adoption of this chapter. Such permits shall be issued promptly upon the written request of the owner or operator or a nonconforming use.

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed; provided that such building is completed within one (1) year or such use of land established within thirty (30) days after the effective date of this chapter.

( Ord. of 3-23-67 , Charter Code § 8-2)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the structure; provided that the cubic content of any such structure, except a dwelling, as it existed at the time of passage or amendment of this chapter shall not be increased. However, nothing herein contained shall prevent the increase in the cubic content of a dwelling structure which was located in a zone designated as either Business General, B-1, or Industrial General, M-1, at the time of the adoption of this chapter, provided the area, setback, frontage, yard and height requirements specified in division 4, Residential General, R-2, will be complied with after the completion of such addition. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

( Ord. of 3-23-67 ; Ord. of 6-12-73)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

( Ord. of 3-23-67 , Charter Code § 8.4)

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter.

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

( Ord. of 3-23-67 , Charter Code § 8-5)

Any lot of record at the time of the adoption of this chapter which is less in area or width than the minimum required by this chapter may be used when the requirements of the board of zoning appeal regarding setbacks, side and rear yards are met.

( Ord. of 3-23-67 , Charter Code § 8-6)

(a)

If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed seventy-five (75) percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

Where a conforming structure devoted to a nonconforming activity is damaged less than fifty (50) percent of the cost of reconstructing the entire structure or where a nonconforming structure is damaged less than seventy-five (75) percent of the cost of reconstructing the entire structure, either may be repaired or restored; provided that any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

( Ord. of 3-23-67 , Charter Code § 8-7)