(A) Intent.
(1) Within the districts and overlay districts established by this chapter, there exist lots, structures, and uses of land and structures which were lawful prior to the passage of this chapter, but which are now prohibited, regulated, or restricted under the terms of this chapter. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage their continuance. The uses are declared by this chapter to be incompatible with the permitted uses in the districts involved.
(2) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a permit was lawfully granted prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been started within 6 months after the date of permit and completed within 18 months.
(3) Any use which is permitted as a special exception or conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall be considered a conforming use.
(B) Types of non-conformities.
(1) Single nonconforming lots of record. Where, on the effective date of adoption or amendment of this chapter, a lot of record exists which fails to meet the requirements applicable in its zoning district for lot area or width, or both, a principal structure and permitted accessory structures may be erected on the lot only with the prior approval of the Board of Zoning Appeals; provided that, required yard dimensions and all other requirements applicable in the district are met. A lot which shares continuous frontage with other lots held under the same ownership on the effective date of adoption or amendment of this chapter does not qualify for Board of Zoning Appeals approval under this division.
(2) Nonconforming lots of record in combination. If 2 or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area, the lands involved shall be deemed an undivided parcel for the purposes of this chapter. No portion of such a parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot width or area less than the requirements of this chapter.
(3) Nonconforming structures. Where a lawful structure exists on the effective date of adoption or amendment of this chapter which could not be built under the requirements of this chapter by reason of restrictions in area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, the structure may continue so long as it remains otherwise lawful, subject to the following provisions:
(a) No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof with the exception of nonconforming signs, may be altered to decrease its nonconformity. Any structural alteration to a nonconforming sign shall conform to the regulations of the zoning district in which it is located. Structural alterations include alterations to the foundation base pole and cabinet. Structural alterations shall not include general maintenance or the replacement of lettering or panels.
(b) Should a nonconforming structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the district in which it is located after it is moved;
(c) Should a nonconforming structure or portion of a structure be destroyed by any means, it shall not be rebuilt, restored or reconstructed, or occupied for any use unless the structure will then conform to all regulations of this chapter. To be destroyed means to suffer damage to the extent of more than 50% of the replacement cost of the structure, exclusive of foundation.
(d) When a nonconforming structure is damaged to the extent of 50% or less of the replacement cost of the structure, exclusive of foundation, the structure may be rebuilt in the same location, using the same building footprint, provided that rebuilding begins within 1 year of the event which caused the damage. Rebuilding shall be diligently pursued to completion or the right to restore the structure as a nonconforming structure shall be forfeited. Restoration of a nonconforming structure pursuant to this division shall not increase the degree of nonconformance or noncompliance existing prior to such damage.
(e) On any nonconforming structure or portion of a structure, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing; provided that, a building permit is obtained where necessary. Repairs shall not be permitted if the structure or any portion thereof is declared to be unsafe by any official charged with protecting the public safety.
(4) Nonconforming uses of land. Where on the effective date of the adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided:
(a) No nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(b) No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this chapter;
(c) No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; (No additional structure shall be erected in connection with a nonconforming use of land.)
(d) A nonconforming use may be extended throughout any parts of the structure it occupies which were manifestly arranged or designed for the use at the time of adoption or amendment of this chapter but no such use shall be extended to occupy any land outside the structure;
(e) When a nonconforming use is replaced by a conforming use, the nonconforming use status shall be lost and no nonconforming use shall thereafter be resumed; and (A nonconforming use may be replaced only by a use which complies with the provisions of this chapter.)
(f) If any nonconforming use of land is discontinued or abandoned for more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(5) Nonconforming uses of structures or of structures and land in combination. Where, on the effective date of adoption or amendment of this chapter, a lawful use of land exists which would not be permitted under the terms of this chapter and such use occupies a lot or structure which does not meet applicable requirements for lots or structures under this chapter, continuation of the legal nonconforming status of the use, lot, or structure shall be determined by the provisions applicable to each type of nonconformity.
(1979 Code, § 151.010) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4456, passed 11-3-1999) Penalty, see § 151.999