(a) Pending Applications for Zoning Certificates. Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any structure or part thereof, for which a building permit or zoning certificate has been duly applied for before the effective date of this Ordinance, provided the construction of such building or structure shall have commenced within ninety (90) days from the effective date of this Ordinance.
(b) Construction Commenced. Nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this Ordinance or amendment hereto and upon which actual building construction has been diligently carried, provided such construction is completed within two (2) years from the effective date of this Ordinance.
(c) Nonconforming Mobile Homes. A nonconforming mobile home, as defined in Chapter 1105, located in any district, once removed shall not be relocated on such lot, or replaced with another mobile home. No enlargement, extension or expansion of a nonconforming mobile home, as defined in Chapter 1105, shall be permitted within the City of Chillicothe.
(d) Extension.
(1) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(2) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
(3) Any residence which is nonconforming due to the fact of its location in a non-residential zoning district may be enlarged, extended, reconstructed or structurally altered, provided it meets the requirements of the most proximate R-District.
(e) Damage and/or Destruction of a Nonconforming Building or Use. When a building or structure, the use or location of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, act of God, or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(1) The restoration or rebuilding is commenced within six (6) months of the time of damage, and construction is completed within one (1) year, unless an extension is requested from and granted by the Planning Commission, and
(2) The damaged or destroyed building or structure was not located in such a manner so as to encroach or intrude on adjacent property, and
(3) Such restoration or rebuilding would not extend or expand the existing use beyond the parameters established in subsection (d) hereof.
If any part of the damaged or destroyed building or structure encroaches or intrudes on adjacent property, the location of the restored or rebuilt building or structure is subject to approval by the Board of Zoning Appeals. If the restoration or rebuilding of the building or structure involves extension or expansion of the use, then the provisions of subsection (d) hereof shall apply.
(f) Maintenance and Repair. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use. Structural alterations may be made to a building or structure containing a nonconforming use when at least one of the following conditions exist:
(1) When required by law.
(2) To convert to a conforming use.
(3) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
(Ord. 27-11. Passed 3-14-11.)