§ 656.713. Nonconforming uses in residential districts involving buildings not designed for permitted uses.

(a)

In residential districts at the expiration of six months after the termination of the applicable amortization period specified in this Section:

(1)

A building which is designed for a use which is limited to a commercial or industrial district shall be either:

(i)

Removed; or

(ii)

Altered and converted to a building designed for a use that is permitted or permissible by exception in the residential district in which it is located.

(2)

Every nonconforming use of the building shall be terminated or made to conform with the regulations of the district in which the building is located.

(b)

The following amortization periods are hereby established as the reasonable periods of normal, useful life of the following classes of buildings and types of construction above the foundation walls or piers:

(1)

Fireproof construction of noncombustible materials, consisting of exterior walls of solid brick, stone, reinforced concrete or insulated metal panel between fireproofed steel and with interior structural members of reinforced concrete or fireproofed steel—April 1, 2010, or 40 years after the date of issuance of the building permit for the construction of either the entire building or the original building, whichever period shall terminate last.

(2)

Fire-resistant shell construction consisting of exterior walls of solid brick, stone, reinforced concrete or other masonry units with structural member of unprotected steel, timber or wood joist constructions—April 1, 2010, or 30 years after the date of issuance of the building permit for the construction either of the entire building or the original building, whichever period shall terminate last.

(3)

Frame-type construction consisting of exterior wall of wood or timber frame constructions, irrespective of the type of exterior surfaces and all other structures not qualifying under paragraphs (1) and (2)—April 1, 2010.

(c)

For the purpose of determining an amortization period in the preceding subsection whenever a building permit was not issued, the date of commencement of construction of the building shall be substituted for the date of issuance of a building permit.

(d)

The Chief shall make every reasonable effort to notify all affected persons of this Section.

(Ord. 91-59-148, § 1)