(A) New development. New development including the subdivision of land, construction and the use of land or structures shall conform with the regulations for the zoning district in which such development is located.
(1) New subdivision. The subdivision or resubdivision of land shall not create lots less than the minimum size required for the zoning district in which such land is located nor shall lots be provided or intended for uses not allowed in the zoning district.
(2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of this chapter and in accordance with the subdivision regulations of the municipality and shall conform with the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in division (C)(1) below.
(3) New uses. Any new use of land or a structure shall be a permitted use or a conditional use for the zoning district in which such use is to be located.
(4) Determination of use. In the case of any use of land or structure which cannot readily be determined to be a permitted, conditional or prohibited use within a zoning classification or within any zoning classification, any person may submit to the Manager an application for determination whether the use is either a permitted or conditional use in a specific zoning classification or in any zoning classification of the zoning regulations. A decision shall be made by the Manager who in turn shall notify Council prior to their following meeting of the action he has taken and Council shall have the right to override that decision. The determination by the Manager shall be for the purpose of enabling the applicant to otherwise comply with the zoning regulations regarding necessary applications or permits to be obtained and the decision shall in no way act as a commitment by the Planning and Zoning Commission or any other agency of the municipality as to future zoning, approval of conditional uses or any other zoning matter.
(B) Existing conforming lots, structures or uses. Lots, structures or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located may be continued; and may be altered, extended or changed in accordance with the following:
(1) Conforming lots. A conforming lot may be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located.
(2) Conforming structure. A conforming structure may be altered, reconstructed or extended only in such manner as will comply with the development standards of the zoning district in which the structure is located.
(3) Conforming use. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use regulations and with the development standards of the zoning district in which the conforming use is located.
(C) Nonconforming lots, structures or uses. Existing lots, structures and accessory development or the use of lots and/or structures which would be prohibited under the regulations for the zoning district in which they are located shall be considered as nonconforming. A nonconforming use in violation of a provision of the zoning ordinance shall not be validated by the adoption of the zoning ordinance. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. It is the intent of this chapter to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion, except as follows:
(1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of § 153.231(H). Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located.
(2) Nonconforming structures and development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the zoning district in which they are located may be altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will comply with the development standards of the zoning district in which the structure and/or accessory development is located. Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished.
(a) Exemptions. See § 153.080.
(3) Nonconforming uses. The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following:
(a) Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located.
(b) On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be changed to a use found to be more nearly in character with the zoning district in which the nonconforming use is located.
(c) On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use.
(d) No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least two years. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner until completed.
(D) Annexed territory. Territory annexed to the municipality after the effective date of the Zoning Ordinance shall be automatically rezoned to the R, Rural District or in the case for property located within the area bounded by U.S. 33 and Avery Road on the east, Shier Rings Road on the south, Bouchard Road on the west and SR 161 to the north, including additional service agreement areas west of U.S. 33 north of SR 161, to the appropriate Innovation District (ID-1, ID-2, ID-3 or ID-4) in accordance with the adopted Economic Advancement Zone Plan and related EAZ Zoning Plan as soon as such property is accepted by City Council.
('80 Code, § 1121.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 51-81, passed 12-21-81; Am. Ord. 52-02, passed 4-8-02; Am. Ord. 28-08, passed 5-19-08; Am. Ord. 28-09, passed 6-15-09; Am. Ord. 32-11, passed 6-27-11)