(A) Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may continue only in accordance with the provisions of this subchapter.
(B) Normal structural repair and maintenance may be performed to allow the continuation of a nonconforming use (except as required in division (E) below of this section).
(C) A nonconforming use shall not be expanded, nor shall a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located (either attached or detached) except pursuant to § 153.279(B) of this chapter. Any occupation of additional lands beyond the boundaries of the lot on which the nonconforming use is located is prohibited. An existing nonconforming residential use may, without hearing before the Board of Adjustment be enlarged or altered, or be permitted in the R-8 District, provided that no additional dwelling units result therefrom. Any residential enlargement or alteration shall be in compliance with all yard requirements of the structures as required in the R-8 District.
(D) When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.
(E) If a nonconforming use is abandoned for 180 days or more, the use shall not be allowed to re-establish. All new uses in the structure shall thereafter be conforming. If the use is destroyed (i.e., received damage to an extent of more than 60% of its replacement cost at the time of destruction), it may only be allowed to re-establish in accordance with a permit issued by the Board of Adjustment as set forth in § 153.279 of this chapter.
(F) A nonconforming use may not be changed to a different nonconforming use except in accordance with a permit issued by the Board of Adjustment after having followed certain procedures and having made certain findings as set forth in § 153.279 of this chapter.
(G) Notwithstanding any other provision of this section, a nonconforming manufactured home not located in a manufactured home park may be replaced with another manufactured home in the R-25 district only and provided:
(1) The replacement manufactured home either:
(a) Meets all the minimum requirements for a Class A manufactured home; or
(b) Meets all the minimum requirements for a Class B manufactured home plus division (4) of a Class A manufactured home, as set forth in the definition located in § 153.031 of this chapter;
(2) The replacement manufactured home is placed on the lot in a manner which meets all the setback requirements of the zoning district in which it is to be located or the requirements of the R-8 District, whichever is greater;
(3) The replacement manufactured home is placed on the lot within 180 days following removal of the existing manufactured home;
(4) Upon replacement of the existing manufactured home, the property will conform to § 153.051(A) of this chapter; and
(5) The property is not located in any HO-Historic Overlay District.
(Prior UDO, § 8.2) (Ord. passed 6-25-2020)
Penalty, see § 153.999