Within the districts established by this Ordinance, or amendments hereinafter adopted, there may exist land, structures and/or lots, or uses thereof, which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit such nonconformities to continue until they are removed, but not necessarily to encourage their survival and expansion except as provided herein.
(Ord. 2009-85. Passed 12-8-09.)
(a) Continuation. Any use of land, structures or buildings existing on the effective date of this Ordinance may be continued, even though such use does not conform to the provisions herein, so long as such use was legally existing prior to the establishment of this Ordinance. No nonconforming use shall be moved, extended, enlarged, reconstructed, or structurally altered, except as provided in this Ordinance.
(b) Substitution. The Planning Commission may allow the nonconforming use of land or a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made. However, in an "R" District, no change in use shall be authorized by the Planning Commission unless the applicant clearly demonstrates that
(1) The existing and proposed nonconforming uses were lawful at the time of enactment of this Ordinance, and
(2) Such substitution is generally compatible with adjacent land use and zoning patterns.
(c) Expansion/Extension. No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except as follows:
(1) The Planning Commission may permit a lawful nonconforming use to be expanded within an existing structure manifestly arranged or developed for such use, provided the applicant clearly demonstrates that such expansion is necessary and incidental to the continuance of such lawful nonconforming use.
(2) The Planning Commission may permit the expansion or extension of a nonconforming use of land, not involving the physical expansion of a building or structure, to an area consisting of one-hundred-twenty-five percent (125%) of the area enclosing the nonconforming use at the time of enactment of this Ordinance, provided such expansion occurs on the same lot as existing on the effective date of this Ordinance. In such cases, the applicant shall clearly demonstrate that the foregoing conditions have been met, that such expansion is necessary and incidental to the continuance of such lawful nonconforming use and that such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
(d) Discontinuance. A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever either of the following conditions exist:
(1) When the use has been voluntarily discontinued for a period of two (2) years.
(2) When the nonconforming use has been replaced by a conforming use.
(Ord. 2009-85. Passed 12-8-09.)
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 continued, provided such construction is completed within two (2) years from the effective date of this Ordinance.
(a) Nonconforming Mobile Homes. A nonconforming mobile home, as defined in Chapter 1103 of this Ordinance, 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 1103, shall be permitted within the City of Galion.
(b) 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 residential structure which is nonconforming due to the fact of its being 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.
(c) 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 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 Section 1121.04 below.
If any part of the damaged or destroyed building encroaches or intrudes on adjacent property, the location of the restored or rebuilt structure is subject to approval by the Planning Commission. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of Section 1121.04 shall apply.
(d) Maintenance and Repair. Nothing in this Chapter shall be deemed to prevent normal maintenance and repair of a nonconforming building or structure, or 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. 2009-85. Passed 12-8-09.)
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