(A) The use of land which does not conform to the provisions of this chapter, at the time of its effective date, may be continued until a time as a structure is erected thereon and thereafter the use of the land and the building must conform with the provisions of this chapter.
(B) The lawful use of a building existing at the time of the effective date of this chapter may be continued although the use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be continued as the same nonconforming use to a more restricted classification or to a conforming use, but the use shall not thereafter be changed to a less restricted use.
(C)
In the event a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the use regulations of the district, except that a legal nonconforming use for a two-family dwelling can be reinstated, regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met, and a single-family residential in a C-2 District that was previously intended for single-family use prior to August 11, 2015, may be converted back to residential regardless of the length of time that it was discontinued, provided all other conditions of the zoning regulations and all other ordinances were met.
(D) No nonconforming use, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to a use permitted in the district. The provisions of this division shall not apply to existing residences in the M-1, M-2 or M-3 Districts and existing residences in C-2 District prior to August 11, 2015; nor shall the provisions of this division preclude the construction, enlargement, extension, reconstruction, or structural alteration of accessory buildings appurtenant to a nonconforming residential use in the C-2 Districts, provided such buildings comply with the required setbacks for R-1C District and the provisions of § 159.046(G).
(E) Direction or name signs or signs pertaining to or advertising products sold on the premises of a nonconforming building or use may be continued only when the nonconforming use is permitted to continue and any signs shall not be expanded in area, height, number or illumination. New signs, not to exceed 36 square feet in aggregate area, may be erected only after all other signs existing at the time of the adoption of this chapter are removed. New signs in conformity with the above regulations may have illumination not to exceed 60 watts on one face of the sign, but flashing, intermittent or moving illumination signs are not permitted.
(F) The adoption of this section shall not create any new nonconforming uses or validate any existing nonconforming uses unless any existing zoning districts are amended.
(G) If a nonconforming building or structure is damaged by more than 50% of its assessed value by fire, wind, tornado or other natural disaster, it cannot be rebuilt. If less than 50% damaged, it may be rebuilt provided the rebuilding does not increase the intensity of use or floor area of the nonconformity.
(1999 Code, § 165.25) (Ord. 2247, passed 10-9-2001; Ord. 2733, passed 10-10-2023; Ord. 2740, passed 4-23-2024) Penalty, see § 159.999