A building or 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 building or other regulations of the district in which it is located, is a lawful, nonconforming building or structure. A nonconforming building or 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-bearing walls, fixtures, wiring, residential 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 building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
(B) Enlargements or Extensions. A nonconforming building or structure shall not be enlarged or extended unless:
(1) The original building or 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 is which it is located, and will not increase any existing nonconformity in any other portion of the building or structure; or
(3) The building extension will reduce a nonconforming condition; or
(4) As otherwise permitted in § 151.5003(F).
(C) Moving. A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the building is made to conform to the regulations of the district in which it is to be located, or as otherwise permitted in § 151.5003(F).
(D) Change in Principal Use of Building. The principal use of a nonconforming building or 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 Building or Structure. If a nonconforming building or structure is damaged or destroyed by any cause to the extent of less than 60% 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 building or 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 building 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 building destroyed by any means to the extent of more than 60% 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 building or 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 Zoning Administrator.
(G) Existing Nonconforming Site Condition on a Lot with a Nonresidential Use. If any nonconforming site condition(s) exists when a revised development plan is required pursuant to § 150.1402, then such site condition(s) must be brought into compliance with district regulations, unless the Planning Commission and/or Council determines that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning Commission and/or Council shall approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(Ord. 5-2005, passed 3-23-05)