§ 153.18 NONCONFORMING USES AND STRUCTURES.

   Any lawful use of land or structure existing or under construction and progressing diligently at the time of adoption of this chapter which does not conform to the specifications of this chapter may be continued subject to the following limitations:

   (A)   Nonconforming structures.

      (1)   Maintenance and repairs. A nonconforming structure may be repaired and maintained, provided no structural change is made subject to provisions otherwise imposed by this section.

      (2)   Additions and changes. A nonconforming structure shall not be structurally altered or enlarged in any manner, unless that portion of the structure altered or enlarged will conform to all the requirements of the district in which it is located.

   (B)   Nonconforming uses. Nonconforming uses may be changed only to conforming uses except under division (C) below, or as similarly provided for in § 153.38(B), 153.39(B) or 153.40(B).

   (C)   Permitted changes. The Board of Zoning Appeals may grant a special exception for an alteration, use change, or expansion of a nonconforming use or structure, if in the opinion of the Board the change will make the use or structure more compatible with the zoning district.

   (D)   Amortization.

      (1)   When a nonconforming use has been discontinued for a period of 24 months, the use shall not be re-established and any use thereafter of that property shall be in conformance with the provisions of this section.

      (2)   No building damaged by fire or other cause to the extent of 50% of its cash value immediately prior to the damage shall be rebuilt or repaired except in full conformance to the provisions of this section. However, if the rebuilding cannot be made in full conformance, the rebuilding will be allowed under division (C) herein, if it is determined that the rebuilding would be in the best interest of the community.

(‘88 Code, § 10-3-4) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2019-2, passed 3-4-19)