(a) Any lawful use of a building, structure and/or premises existing at the time of the enactment of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957), or any amendment thereto, may be continued even though such use does not conform to the provisions of this Zoning Ordinance for the district in which it is located. A building or structure arranged, designed or devoted to a nonconforming use at the time of the passage of this Zoning Ordinance (Ord. 1735-1957, passed December 3, 1957), or any amendment thereto, may not be extended or substantially altered without a special permit from the Board of Zoning and Building Appeals unless the use of such building or structure is changed to a conforming use. Such special permit may be issued only if the Board finds, after a public hearing, that the proposed extension or alteration is no more harmful or objectionable than the previous nonconforming use, and only if the estimated cost of the proposed extension or alteration does not exceed twenty-five percent of the assessed value of the building or structure.
(b) A nonconforming use shall not be replaced by another nonconforming use of a different kind, character or use.
(c) A nonconforming use shall be considered abandoned when the intent of the owner to discontinue the use for at least six months is apparent, when the use has been replaced by a conforming use or when the characteristic equipment and furnishings of the nonconforming use of a building, structure or premises has been changed to a more restricted use, the use of such building or premises may not thereafter be changed back to the previous nonconforming use.
(d) A nonconforming building, structure or use which is damaged, destroyed or removed by more than fifty percent of its replacement value, by whatever cause, shall not be reconstructed, restored or replaced, except by a conforming building, structure or use.
(e) A nonconforming use may be nonconforming either by virtue of characteristics of the physical structure that fail to comply with applicable legal standards, or due to a use of the structure that fails to comply with applicable land use restrictions.
(f) This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.
(Ord. 8397-1997. Passed 1-27-98; Ord. 10034-2016. Passed 8-17-16.)