(A) Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(1) No nonconforming use shall be enlarged or increased to occupy a larger area, nor moved in whole or in part to any other portion of the lot or parcel occupied at the effective date of adoption or amendment of this chapter.
(2) Any nonconforming use of land abandoned for a period of more than 90 days shall be subsequently conformed to the requirements of this chapter.
(Prior Code, § 747.01)
(B) Nonconforming uses of buildings. Where a lawful building exists at the effective date of this chapter, or amendment thereto, that could not be built under this chapter by reason of its location on the lot, lot coverage, height, yard, or other characteristics, the structure may be continued, subject to the following.
(1) Any structure existing at the effective date of this chapter, devoted to a use not permitted by this chapter in the district in which it is located shall not be altered, 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.
(2) When a nonconforming use of a building is vacated or abandoned for six consecutive months, the building shall not be used thereafter except in conformance with the regulations of the district in which it is located.
(Prior Code, § 747.02)
(C) Nonconforming buildings. Where a lawful structure exists at the effective date of adoption or amending of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) No structure may be enlarged or altered in any way which increases its nonconformity.
(2) All lots of record at the effective date of this chapter shall be exempt from § 152.238.
(3) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(4) Should the structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The repairs shall be initiated within 90 days.
(Prior Code, § 747.03)
(D) Illegal nonconforming uses and buildings. Those alleged nonconforming uses of land, uses of buildings and buildings which cannot be proved conclusively to have been existing prior to the effective date of this chapter, or any amendment thereto, shall be declared illegal nonconforming uses of land, nonconforming uses of buildings and nonconforming buildings and shall be discontinued upon written notification from the Zoning Inspector.
(Prior Code, § 747.04) Penalty, see § 10.99