1147.01 PURPOSE.

   The purpose of this Chapter is to provide for the regulation of uses, structures, and lots lawfully established prior to the enactment of this Code and amendments hereto but which do not conform to the existing provisions hereof.  Such lawfully established uses, structures, and lots may be continued, despite their nonconforming conditions, subject to the provisions of this Code which provide for their completion and continued use, but also provide for reasonable regulation of their restoration, reconstruction, extension, and substitution.  While it is the intent of this Chapter to permit such nonconforming conditions to continue until abandoned, removed, or abated, a nonconformity is deemed incompatible with currently permitted uses and requirements in the zoning district and should be discouraged, especially where such nonconformity constitutes a nuisance or hazard.  (Ord. 2018-94.  Passed 10-21-19.)

1147.02 NONCONFORMING USES; EXTENSIONS AND CHANGES.

   A Nonconforming Use existing at the time of the passage of this Chapter (originally enacted by Ordinance 1944-40, passed January 25, 1945) may be continued. A Nonconforming Use shall not be extended without the approval of the Commission, except that the extension of the use to any portion of the building, which portion was arranged or designed for such nonconforming use at the time of the passage of this Chapter, shall not be deemed an extension of a nonconforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.  Whenever a nonconforming use has been discontinued for a period of six (6) months or more, such discontinuance shall be considered conclusive evidence of an intention to legally abandon the nonconforming use.  At the end of the six (6) months period of abandonment, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Code. 

(Ord. 2018-94.  Passed 10-21-19.)

1147.03 NONCONFORMING LOTS.

   When a Nonconforming Lot can be used in conformity with all applicable provisions of this Code, except that either the area or the width of the lot is nonconforming, then the lot may be used as if its area were conforming.  When conforming use of a Nonconforming Lot cannot reasonably be established due to the setback requirements of the District in which it is located, the Commission may grant variances to setback requirements as necessary to establish a permitted use of the District, provided that there is no contiguous land in common ownership with the subject lot which could be used to reduce or eliminate the nonconformity and the variance meets all other variance standards of this Code.

(Ord. 2018-94.  Passed 10-21-19.)

1147.04 NONCONFORMING STRUCTURES.

   (a)   Alterations or Enlargements:  A Nonconforming Structure may be enlarged or extended to extend such structure to a total area not to exceed twenty percent (20%) more than the original existing area of the structure, provided that the alteration or enlargement shall comply with the current regulations for the District in which it is located.

   (b)     Restoration of Damaged Structure:    Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any Nonconforming Structure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Code, provided that not more than fifty percent (50%) of the value of the building or structure was lost in such damage event and provided such replacement or repair does not extend the nonconformity, and further provided that such replacement or repair occurs within one (1) year of the date of damage.  When more than fifty percent (50%) of the value of the structure is lost in such damage event, the structure and use shall not be reconstructed except either in a manner conforming with this Code or with the special approval of the Commission. 

   (c)     Repairs and Maintenance:   Repairs and maintenance work as required to keep a nonconforming structure in sound condition are permitted.

(Ord. 2018-94.  Passed 10-21-19.)

1147.05 COMPLETION OF APPROVED CONSTRUCTION.

   Nothing in this Chapter shall prohibit the completion or construction and use of a nonconforming structure for which a Building Permit has been issued prior to the effective date of this Code or amendment thereto, and provided that construction is commenced within ninety (90) days and provided that the entire structure and the establishment of the use shall have been completed within one (1) year after issuance of the Building Permit.

(Ord. 2018-94.  Passed 10-21-19.)