Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued subject to the provisions of this section.
(A) Repairs and alterations. Ordinary repairs and alterations may be made to a non-conforming building or structure; provided that, no structural alterations shall be made in or to a building or structure all, or substantially all, of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation required such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure except as hereinabove provided.
(B) Additions and enlargements. A non- conforming building or structure which is non- conforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district, in which it is located shall not be added to or enlarged in any manner unless such additions and enlargements thereto are made to conform to all the regulations of the district in which it is located, and unless such non-conforming building or structure, including all additions and enlargements thereto, shall conform to § 165.023 of this chapter.
(C) Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or part to any other location on the lot unless every portion of such building or structure which is moved and the use thereof is made to conform to all the regulations of the district in which it is located.
(D) Restoration of damaged non-conforming building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of restoration of the entire building new, shall not be restored unless said building or structure and the use thereof shall conform to all the regulations of the district in which it is located. In the event such damage or destruction is less than 50% of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.
(E) Discontinuance of use. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of six months, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.
(F) Elimination. Any structure or building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located, in accordance with the following amortization schedules:
(1) Under $2,000 assessed valuation of building or structure at effective date of this chapter or when erected, whichever last occurs: five years from the date of adoption of this chapter;
(2) At least $2,000, but not more than $5,000, assessed valuation of building or structure at effective date of this chapter or when erected, whichever last occurs: ten years from the date of adoption of this chapter;
(3) In all residential districts any building or structure, other than those specified in divisions (F)(1) and (F)(2) above, all or substantially all of which is designed or intended for a use permitted only in one of the commercial or industrial districts, shall be removed or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six months after the termination of the respective period of time set out hereinafter, which periods are hereby established as a reasonable amortization of the normal, useful life of each class of building and type of construction above the foundation walls or piers (when two or more construction types occur in a structure, the least fire-resistant type shall govern as the basis for amortization), as follows:
(a) Fire-resistive construction (that type of construction in which all structural elements including walls, bearing partitions, floors, ceilings and roofs and their support, are of non-combustible materials providing fire resistance as required by the Building Code; except that, subject to the Building Code, combustible material may be used for doors, door frames and bucks, window and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes, and roof insulation): 60 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, or 40 years after the effective date of this chapter, whichever last occurs;
(b) Exterior protected construction (that type of construction in which all exterior walls are non-combustible materials providing fire resistance not less than required in the Building Code; except that, subject to the Building Code, combustible material may be used for doors, door frames and bucks, windows and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes, and roof insulation): 50 years from the date of issuance of the building permit for the construction of either the whole structure or the initial part thereof, or 35 years after the effective date of this chapter, whichever last occurs; and
(c) Non-combustible construction (that type of construction in which all structural elements including walls, bearing partitions, floor, ceilings and roofs and their supports are of non-combustible materials, but which are generally not fire-protected except as required in the Building Code, and except that subject to the Building Code, combustible material may be used for doors, door frames and bucks, windows and window frames, interior trim including grounds and furring, finished flooring and sleepers, frames, platforms and aprons of exterior show windows at street level, handrails, interior wall and ceiling finishes and roof insulation); and combustible frame construction (that type of construction in which the structural elements including enclosing walls, are entirely or in part of wood or other materials not more combustible than wood): 40 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, or 25 years after the effective date of this chapter, whichever last occurs.
(4) Any sign which is located in a residential district and which does not conform to all the regulations of such residential district in which it is located, shall be removed or shall be altered or converted to a sign permitted in the district in which it is located within eight years from the date of adoption of this chapter.
(5) If, prior to the adoption of this chapter, substantially all of a non-conforming building or structure has been reconstructed, rebuilt or structurally altered, or if an addition at least equal in size or assessed value has been structurally attached thereto, the normal useful life of such building is hereby fixed in accordance with the foregoing schedule from the date of the issuance of the building permit for such reconstruction or addition.
(6) Any building or structure which is located in a commercial district, and which is designed or intended for a use permitted only in an industrial district, shall be removed or shall be altered, remodeled and converted for a permitted use within six months after the termination of the normal useful life of such building, which is hereby established in accordance with the respective amortization periods set out in divisions (F)(1), (F)(2) or (F)(3) above.
(7) The non-conforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located and which building or structure is required to be removed or altered, remodeled, or converted by divisions (F)(3) or (F)(6) above shall be terminated and said use shall not be operated on the premises after said building or structure is removed, altered, remodeled or converted.
(8) Where the application of the amortization schedule of divisions (F)(1), (F)(2) or (F)(3) above would cause two or more buildings or structures in common ownership or possession and located upon the same lot or adjoining lots or parcels of land to be removed or reconstructed at different periods, the Planning and Zoning Board of Appeals shall have the authority, upon petition, to extend the amortization period for not more than the longest period permitted one of the buildings or structures.
(G) Condemnation. The city, at any time, and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law, may:
(1) Acquire by condemnation of any non- conforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such non-conforming building or structure;
(2) Remove or demolish all such non- conforming buildings and structures so acquired;
(3) Hold and use any remaining property for public purposes; and
(4) Sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this chapter, or any amendment hereto.
(Prior Code, § 166.053) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)