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§ 155.184 NONCONFORMING STRUCTURES.
   Where a lawful structure exists at the effective date of adoption or amendment 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, such structure may be continued so long as it remains otherwise lawful. Such structures shall be subject to the following provisions:
   (A)   No such structure may be enlarged or altered in a way that increases its nonconformity. However, upon approval of the Zoning Board of Appeals, a building in residential use in an R-1 District may be extended along one side of the structure even though the side of the existing structure to be extended may not comply with § 155.061, Side yard setback requirements.
   (B)   Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
   (C)   Should such 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.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.185 NONCONFORMING USES OF STRUCTURES.
   Where a lawful use of a structure or of structure and land in combination exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (A)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be 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.
   (B)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
   (C)   Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter no longer be considered a nonconforming use. Such structure or structure and land in combination shall henceforth conform to the regulations for the district in which such structure is located. The nonconforming use shall not thereafter be resumed.
   (D)   If such nonconforming use of a structure, or structure and land in combination ceases for any reason for a period of more than 6 consecutive months or 18 nonconsecutive months within a 3 year period, any subsequent use of such structure or land in combination shall conform to the regulations specified by this chapter for the district in which such land is located. Structures occupied by seasonal uses shall be excepted from this provision.
   (E)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 792, passed 12-3-01)
§ 155.186 REPAIRS AND MAINTENANCE.
   (A)   On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
   (B)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 792, passed 12-3-01)
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