A lawful preexisting use, structure or lot which does not meet the requirements of this chapter is called a nonconformity. Special provisions apply to nonconformities and these are listed in divisions (A) through (E) below. In lieu of the provisions in this section, nonconforming signs shall comply with the requirements in §§ 153.125 through 153.130 of this code and nonconforming mobile home parks shall comply with requirements in §§ 153.060 through 153.062 of this code.
(A) Existing nonconforming structures.
(1) The conforming use of a structure as explained in division (D) below, existing at the time of the adoption of this chapter, may be continued although the structure’s size on location does not conform with the yard, dimensional, height, parking, loading, access, lot area and lot coverage provisions of this chapter. These structures are called substandard structures.
(2) Substandard structures with conforming uses may be added to or enlarged provided that the enlargements comply with the yard, height, parking, loading, access and all other applicable requirements of this chapter for the district in which the structure is located.
(3) Substandard structures which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed in accordance with preexisting, nonconformities within one year of the disaster. The one-year period begins the day after the disaster. To qualify under this exception, a building permit must be applied for. Construction timing then reverts to applicable building permit requirements. If construction has not begun within the one-year time period, any subsequent construction shall comply with the yard, height, parking, loading, access and all other applicable provisions of this chapter for the district in which the structure is located unless the structure is situated on a substandard lot of record, in which case the provisions concerning substandard lots of record shall apply, or unless the incomplete nature of the damage would make it more feasible to rebuild on the same lot, in which case the Board of Adjustment is authorized to approve a variance to allow the reconstruction or replacement.
(4) A substandard structure may not be moved off the lot on which it is located unless when relocated it complies with the regulations for the district in which it is to be relocated.
(B) Existing nonconforming uses. The lawful nonconforming use of a structure, land or water existing at the time of adoption of this chapter may be continued except that:
(1) Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be enlarged or extended, nor may any additional structures be added to be occupied by the nonconforming use, except that existing cemeteries can expand to the boundaries of the property which they owned at the time they became nonconforming, provided that required setbacks are met;
(2) Normal maintenance, repair and incidental alteration of a building occupied by a nonconforming use is permitted provided it does not extend the nonconforming use. A structure occupied by a nonconforming use may be changed to make the structure more in character with the uses permitted in the district in which it is located;
(3) If the nonconforming use is damaged by fire, explosion, flood or other calamity to the extent of more than 75% of its current replacement value, it shall not be restored except so as to comply with the use provisions of this chapter, except that nonconforming single-family and two-family dwellings, and mobile homes, may be restored in accordance with the provisions of division (A)(3) above;
(4) If the nonconforming use is discontinued or terminated for a period of more than 180 days, any future use of the structure, land or water shall comply with the provisions of this chapter. However, upon application, the Board of Adjustment may grant an additional 90-day extension if the applicant can prove hardship;
(5) A nonconforming use may not be moved off the lot on which it is located unless when relocated it complies with the regulations for the district in which it is to be relocated;
(6) The Board of Adjustment may permit as a special use a change in nonconforming use provided that the requirements of divisions (B)(1) through (B)(5) above are met and the Board of Adjustment finds that the new use would be more in character with the uses permitted in the district than the previous use. In permitting the change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter; and
(7) Once a nonconforming use has been changed or altered so as to comply with the provisions of this chapter, it shall not revert back to a nonconforming use. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board. If the structure occupied by a nonconforming use is changed so as to be more in character with the uses permitted in the district in which it is located, it shall not subsequently be changed to be less in character.
(C) Existing vacant substandard lots.
(1) Where the owner of a lot at the time of adoption of this chapter or successor in title thereto does not own sufficient land to enable him or her to conform to the lot area or lot width requirements of this chapter, the lot may be used as a building site for a single-family residence in a district in which residences are permitted, provided that the lot width and lot area are not more than 20% below the minimum specified in this chapter, and further provided that the county’s Health Department approves the reduction if on-site water or wastewater facilities are involved. In cases where the lot area and lot width are more than 20% below the minimum specified in this chapter or other requirements cannot be met, the Board of Adjustment is authorized to approve as a variance the dimensions as shall conform as closely as possible to the required dimensions if the county’s Health Department submits a letter of approval if on-site water or wastewater facilities are involved. If the preexisting substandard lot is not in a district where single-family residences are permitted, the Board of Adjustment may issue a variance to allow some reasonable use.
(2) If two or more adjoining and vacant lots are in one ownership when this chapter is adopted, or at any time after the adoption of this chapter and the lots individually do not meet the minimum dimensional requirements of this chapter for the district in which the lots are located, then the group of lots shall be considered as a single lot or several lots of minimum permitted width and area for the district in which located, and therefore, the provisions of division (C)(1) above do not apply. Further, if the lots are joined into one or more standard lots to meet the requirements of this chapter, the new lots must be recorded with the county’s Recorder of Deeds and cannot be subdivided in the future without appropriate application.
(D) Conforming uses and structures.
(1) Any use or structure existing prior to the effective date of this chapter which conforms to the regulations of this chapter for permitted uses and satisfies the dimensional requirements and any other applicable regulations of the district in which it is located, may be continued, provided any changes in use or structural or other changes shall comply with the provisions of this chapter.
(2) Any structure or use existing prior to the effective date of this chapter which would be permitted by this chapter as a special use in the district in which it is located, may be continued as if a special use permit had been applied for and issued, provided that any changes in use or structural or other changes shall comply with the provisions of this chapter.
(E) Effect of amendments. If subsequent amendments to this chapter or the official zoning map result in the creation of additional nonconformities or conformities, the nonconformities or conformities shall be governed by the provisions of this section unless otherwise stated in the amendment.
(Ord. 21- , passed - -2021) Penalty, see § 153.999