1177.01 PURPOSE.

   Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. Council declares that nonconforming uses and structures are incompatible with permitted uses in the districts involved and shall not be enlarged, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited by this Ordinance.

(Ord. 86-260. Passed 12-16-86.)

1177.02 NONCONFORMING LOTS OF RECORD.

   In any district permitting residential uses, one-family and two-family dwellings may be erected on any single lots of record existing at the effective date of adoption or amendment of this Zoning Ordinance, even though such lot fails to meet the requirements for minimum area and/or width that are applicable in the district, providing that the yard setbacks and other requirements not involving the area and width of the lot shall conform to the regulations for the district in which such lot is located.

(Ord. 86-260. Passed 12-16-86.)

1177.03 NONCONFORMING USES OF LAND, BUILDINGS OR STRUCTURES.

   The lawful use of any land, building or structure existing at the effective date of adoption or amendment of this Zoning Ordinance may be continued although such use does not conform with the regulations of this Ordinance, providing the following provisions are met:

   (a)   A nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land than was occupied at the effective date of this Ordinance. The extension of a lawful use to any portion of a nonconforming structure which existed prior to the enactment of this Ordinance, shall not be deemed to be the extension of such nonconforming use.

   (b)   Whenever a nonconforming use has been discontinued for a period of two years or longer, such discontinuance shall be considered as conclusive evidence of an intention to abandon the nonconforming use. At the end of such two-year period, any subsequent use of land shall conform to the provisions of this Ordinance for the district in which such land is located.

   (c)   Nonconforming uses established after the effective date of this Ordinance shall be declared as illegal nonconforming uses and shall be discontinued within twenty days following the date of inspection by the Zoning Administrator or any of his deputies.

      (Ord. 86-260. Passed 12-16-86.)

   (d)   Any nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification than the existing use upon approval by the Planning Commission. The Commission may attach any conditions to the new use which it deems necessary to safeguard the public health, safety or welfare.

      (Ord. 06-019. Passed 1-17-06.)

   (e)   Where a nonconforming use of a building or structure exists, the voluntary removal or voluntary destruction of the building or structure shall eliminate the nonconforming status of the land.

      (Ord. 86-260. Passed 12-16-86.)

1177.04 NONCONFORMING STRUCTURES.

   A lawful structure existing at the effective date of adoption or amendment of this Zoning Ordinance may be continued although such structure does not conform to the area, height or yard provisions of the district in which it is located, providing the following provisions are met:

   (a)   Enlargements. A nonconforming structure may not be added to or enlarged unless the additions or enlargements are made to conform to the regulations of the district in which it is located.

   (b)   Relocation. A nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is presently situated unless as a result of the move, the structure shall conform to the regulations of the district in which it will be located after the move.

(c)   Enlargements. A nonconforming building or structure, except for a two-family dwelling or a multifamily or townhouse dwelling, which is damaged or partially destroyed by any reason to the extent of not more than fifty percent (50%) of its value at that time, may be restored without increase in nonconformity, and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided such restoration is started within a period of one year and is diligently prosecuted to completion. In the event such damage or destruction exceeds fifty percent (50%) of the value of such nonconforming building or structure, no repair or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings and structures in the district in which it is located. A nonconforming two-family dwelling or a nonconforming multi-family or townhouse dwelling which is accidentally or involuntarily damaged or destroyed may be restored without increase in nonconformity, such as size, setbacks, location, height, density, occupancy, use or otherwise, which existed at the time of such damage or destruction, provided such restoration to be commenced is started within a period of one year and is substantially completed within two years.
(Ord. 06-047. Passed 3-7-06.)

1177.05 REPAIRS, MAINTENANCE AND CONSTRUCTION.

   (a)   Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition any building or structure or part thereof declared to be unsafe by an official charged with protecting the general health, safety and public welfare of the community.

   (b)   Ordinary repairs and the replacement of nonbearing walls, fixtures, wiring or plumbing may be done on any building or part thereof devoted to a nonconforming use provided the size of the building is not increased.

   (c)   Nothing in this Ordinance shall prohibit the completion or construction and use of a nonconforming building, structure or use for which a zoning certificate has been issued prior to the effective date of adoption or amendment of this Ordinance, provided construction is commenced within thirty days after the issuance of such certificate; and that the entire building or structure is completed within one year from the date the certificate was issued.

(Ord. 86-260. Passed 12-16-86.)

1177.06 LEGISLATIVE USE VARIANCE.

   Any land or building for which a legislative use variance was granted by Council prior to the effective date of adoption of this Zoning Ordinance may continue to exist as a use variance, provided, however, that in the event of discontinuance of the use for thirty days or change in ownership, future use of the land or building shall meet the regulations for the district in which it is located.

(Ord. 86-260. Passed 12-16-86.)