(A) Legal nonconforming uses. Any lawful use of structures, land, or structures and land in combination established prior to the effective date of this chapter or its subsequent amendments that is no longer a permitted use in the district where it is located shall be deemed a legal nonconforming use.
(B) Continuation of nonconforming uses. A legal nonconforming use may continue provided that it remains otherwise lawful, subject to the following conditions:
(1) Modification of structures. No existing structure devoted to a legal nonconforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved, or structurally altered except as to change the use of the structure to a use permitted in the district in which it is located or as otherwise specified in this division(B)(5) below.
(2) New structures. No new structure shall be constructed in connection with an existing legal nonconforming use of land.
(3) Expansion within structures. Any legal nonconforming use may be extended throughout any parts of an existing structure that were plainly arranged or designed for such use at the effective date of this chapter or its subsequent amendments, but no such use shall be extended to occupy any land outside the structure.
(4) Expansion on the property. No legal nonconforming use of land shall be enlarged, increased, extended to occupy a greater area of land, or moved in whole or in part to any other portion of a lot than was occupied at the effective date of this chapter.
(5) Non-conforming residential use. A legal nonconforming single-family residence located in any commercial, industrial, or institutional zoning district may be replaced or expanded for the purpose of continuing the residential use of the property. Required setbacks and lot coverage for the residence shall be either those established by the Residential (R2.5) zoning district, or those provided by the pre-expansion structure, whichever is less restrictive.
(6) Change of use (to another nonconforming use). If no structural alterations are made, it is possible to change any nonconforming use to another nonconforming use.
(a) Similar uses. Nonconforming uses may be changed to another similar nonconforming use. For the purpose of this section similar uses shall be considered those within the same land use categories (such as office uses, retail uses (small scale), etc.) as provided by §§ 156.020 et seq.
(b) Dissimilar uses. Nonconforming uses may only be changed to other dissimilar nonconforming uses with the approval of the Board of Zoning Appeals. For the purpose of this section dissimilar uses shall be considered those that are not within the same land use categories (such as office uses, retail uses (small scale), etc.) as provided by §§ 156.020 et seq.
1. The Board may approve the change of use if it finds that the proposed use is equally or more appropriate to the district in which it is located than the existing use.
2. The Board shall consider the development standards applicable to the proposed use established by this chapter and may make reasonable conditions as part of any approval.
(7) Change of use (to a permitted use). When a legal nonconforming use is replaced by a permitted use, it shall thereafter conform to the regulations of the district in which it is located, and the legal nonconforming use may not be resumed.
(8) Discontinuation of use. If a legal nonconforming use is intentionally discontinued for 12 continuous months or longer, any subsequent use of such land, structure, or land and structure in combination shall conform to the provisions of this chapter.
(a) Exemptions. Uses that are required to be discontinued due to government action that impedes access to the premises or damage from fire, flood, other natural disaster, or criminal act shall be exempt from this provision.
(b) Exemption conditions. Such exempt uses, if restored, shall be identical in scale, lot coverage, and all other aspects to that which was discontinued.
(9) Nonconforming structures and land in combination. Where legal nonconforming use status applies to a structure and land in combination, an intentional removal or alteration of the structure, or its use, that establishes conformity shall also eliminate the legal nonconforming status of the land. Legal nonconforming uses located in structures specifically constructed or modified to suit only such use are exempt from this provision and may be resumed if the structure has not been intentionally altered to serve other uses, used to house a permitted use, or used to house another nonconforming use with the approval of the Board of Zoning Appeals as specified in division (B)(5) above.
(10) NOTE: EXAMPLE OF NONCONFORMING STRUCTURES AND LAND IN COMBINATION. Legally established apartment units located in a single family dwelling zoning district at the effective date of this chapter may continue to be used as apartments after a period of vacancy if the structure has not been modified to physically remove the apartments.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2015-12C, passed 12-1-15)
Cross reference:
Zoning districts, see §§ 156.020 et seq.