(a) Passage of this Zoning Ordinance in no way legalizes any illegal uses existing at the time of its adoption.
(b) The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard of building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(c) Nonconforming buildings, structures or uses shall not be extended, enlarged, restored, structurally altered, moved to another zoning lot or relocated within the same lot except in conformance with the regulations of this Chapter.
(d) The change in ownership of a nonconforming building, structure, use or lot of record does not, in itself, require the nonconformity to be corrected.
(e) Nonconforming uses which have been discontinued or structures containing nonconforming uses removed for a period of twelve (12) consecutive months shall not be re-established except in conformity with the requirements of this Zoning Ordinance. Nonconforming uses include use of land, structures and/or equipment and fixtures.
(f) No nonconforming portion of a building or structure shall be reconstructed or structurally altered to an extent exceeding in cost fifty percent (50%) of the value at which the building or structure’s market value, as determined by the Sandusky County Auditor, unless such reconstruction or alteration reduces the extent of the nonconforming development. These cost limitations may be appealed to the Board of Zoning Appeals under Subsection 1165.01(b): Variance.
(g) If any nonconforming building, structure or use is damaged to an extent exceeding fifty percent (50%) of its market value, such structure shall only be rebuilt in compliance with the requirements of this Zoning Ordinance. Such reconstruction shall require the application and issuance of all applicable zoning and building permits.
(h) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, public park or library within 1,500 feet, or a residential district within 1,000 feet, of the sexually oriented business.
(i) An applicant for any development review procedure that deals with nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Zoning Ordinance and/or Zoning Amendment.
(Ord. 2020-4053. Passed 1-7-21.)