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§ 155.181 INTENT.
   (A)   This chapter intends to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival. The city recognizes that existing lots, structures and uses of land and structures, which were lawful before this chapter was passed or amended, would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
   (B)   This chapter further intends that nonconformities shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after adoption of this chapter by attachment of a building or premises, of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district involved. Alleged nonconformities, which cannot be conclusively proven to have existed prior to the enactment or amendment of this chapter, shall be declared illegal and shall be discontinued.
   (C)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 792, passed 12-3-01)
§ 155.182 NONCONFORMING LOTS.
   Where a lawful lot of record exists in any district where single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such single-family property may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (A)   This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area, width, or both of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Zoning Board of Appeals.
   (B)   If two or more lots including portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, the lands involved shall be considered to be an undivided parcel. No portion of same parcel shall be used or occupied in any manner which does not meet lot width and area requirements as established by this chapter, no division of the parcel shall be made which creates any remaining lot width or area below the requirements stated in this chapter.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.183 NONCONFORMING USES OF LAND.
   Where a lawful use of land exists at the effective date of adoption or amendment of this chapter that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful. Such land use shall be subject to the following provisions:
   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
   (B)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and
   (C)   If such nonconforming use of land ceases for any reason for a period of more than 6 consecutive months or 18 nonconsecutive months in any 3 year period, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Ord. 792, passed 12-3-01)
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