A structure existing lawfully on the effective date of this Zoning Code, or any amendment thereto, but which does not conform to the area or width of the lot, yard dimensions, lot coverage, height of structure or other regulations of the district in which it is located, is a nonconforming structure. A nonconforming structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Maintenance and repair. Ordinary repairs, or repair or replacement of non load-bearing walls, fixtures, wiring, driveways or plumbing may be performed on a nonconforming structure or on any portion thereof provided, however, no structural parts shall be replaced except when required by law to restore such structure to a safe condition or to make the structure conform to the regulations of the district in which it is located.
(b) Enlargements or extensions. A nonconforming structure shall not be enlarged or extended unless:
(1) The original structure is made to conform to the regulations of the district in which it is located; or
(2) The proposed extension is in compliance with the regulations of the district in which it is located, and will not increase any existing nonconformity in any other portion of the structure; or
(3) The structure extension will reduce a nonconforming condition.
(c) Moving. A nonconforming structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the structure is made to conform to the regulations of the district in which it is to be located.
(d) Change in principal use of structure. The principal use of a nonconforming structure may be changed to any other use permitted in the district in which it is located, so long as the new use complies with all the regulations of this Zoning Code specified for such use.
(e) Restoration of damaged structure. If a nonconforming structure is damaged or destroyed by any cause to the extent of less than 60 percent of the total market value of the improvements, as currently listed by the Hamilton County Auditor, those portions so destroyed or damaged may be restored to the original footprint and floor area of the structure. Any restoration that exceeds the original footprint and/or floor area must be made to conform to the regulations of the district in which the structure is located. All repairs and restorations shall be in compliance with the following conditions:
(1) A zoning certificate authorizing such restoration shall be obtained.
(2) Such restoration shall be completed within a period of one year from the date of damage or destruction.
(3) Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.
(4) Any nonconforming structure destroyed by any means to the extent of more than 60 percent of the total market value of the improvements, as currently listed by the Hamilton County Auditor, shall require approval by the Board of Zoning Appeals prior to restoration.
(f) Reducing a nonconforming site condition on a single-family lot. If an enlargement, extension or relocation of a nonconforming structure on a single-family lot is proposed that will result in a reduction in the existing nonconformity, then such enlargement, extension or relocation may be permitted. A zoning certificate authorizing the reduction of a nonconforming site condition shall be approved by the Code Enforcement Officer.
(Ord. 2012-20, passed 4-17-2012)