§ 156.163. NONCONFORMING USE.

The lawful use of a building or premises, existing at the time of the passage of this chapter, may be continued although the use does not conform to all the provisions of this chapter, subject to the following conditions.

(A) A nonconforming use may be extended throughout a building provided the size of the structure is not increased.

(B) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided the size of the structure is not increased.

(C) Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted district.

(D) No building shall be erected on any premises devoted to a nonconforming use, except in conformance with the provisions of this chapter.

(E) The Board may authorize, by written permit, in a district permitting residential use, for a period of not more than 1 year from the date of the permit, a temporary building for business or industrial use incidental to the residential construction and development of the district.

(F) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or the construction of which has been diligently prosecuted within 90 days of the date of the permit of from the date of passage of this chapter and which entire building shall be completed according to the plans filed within 3 years from the date of passage of this chapter.

(G) In the event that a nonconforming use of any building or premises is discontinued for a period of 2 years, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.

(H) These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.

(1982 Code, § 156.27) (Ord. 12-1964, passed 8-11-1964)