(A) Non-conforming uses of land or structures, and non-conforming structures that contain non- conforming uses, may continue only in accordance with the provisions of this chapter.
(B) Normal structural repair and maintenance may be performed to allow the continuation of a non-conforming use. Also, a non-conforming use may be re-established in case of damage or total destruction (to an extent of more than 60% of its assessed value at the time of destruction) due to fire or other disaster event pursuant to the issuance of a permit by the Board of Adjustment, as per § 155.242 of this chapter. This shall include, as well, the repair or reconstruction of any structure housing said non- conforming use or on-site utility, parking or street infrastructure in support of said non-conforming use. If said structure was also a non-conforming structure, the reconstruction shall meet the setback requirements of the applicable district or follow the procedures of § 155.037 of this chapter when setback requirements cannot be met. An application must be filed for such building permit no later than 30 days after the use has been destroyed or damaged; otherwise, the use will not be allowed to be rebuilt.
(C) A non-conforming non-residential use shall not be expanded, nor shall such a non- conforming use be enlarged by additions to the structure in which the non-conforming use is located (either attached or detached). However, if a non-conforming non-residential use can expand within the existing structure, it may do so as long as the Zoning Administrator determines that the interior expansion will not have a negative impact upon surrounding conforming uses. Any occupation of additional lands beyond the boundaries of the lot on which said non-conforming use is located is prohibited. An existing non-conforming residential use located in a non-residential district may, however, be enlarged or altered; provided that, no additional dwelling units result therefrom. Any such enlargement or alteration shall be in compliance with all yard requirements of such structures as required in the residential district.
(D) A non-conforming use may be changed to another equal or less intense non-conforming use in accordance with § 155.242 of this chapter. The list of zoning districts in descending order of restrictiveness shall be:
R-A (most restrictive) |
R-20 |
R-10 |
C-B |
G-B |
M-1 |
M-2 (least restrictive) |
(E) Once a non-conforming use has been changed to a conforming use, it shall not thereafter be used for any non-conforming use.
(F) If a non-conforming use is abandoned (see definition) for 90 days, the use shall not be allowed to re-establish. All new uses in said structure shall thereafter be conforming. If said use is located in a structure which is destroyed (i.e., received damage to an extent of more than 60% of its assessed value at the time of destruction), a use may only be allowed to re-establish in accordance with the zoning regulations in effect in the district in which it is located. Assessed value shall be determined by using tax assessment records provided by the Tax Assessor’s office for the year in which the structure was destroyed.
(G) A non-conforming use of land may only be changed to a different location on the same property in accordance with § 155.242 of this chapter.
(H) If a non-conforming manufactured home, located on the same lot as a principal structure, is occupied by a blood relative of the owner-occupant of the principal structure, such manufactured home shall be permitted, subject to § 155.242 of this chapter.
(Ord. passed - -, § 6.2)