(A) Continuation. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure, may be continued, so long as otherwise lawful, subject to the restrictions of this section.
(B) Repair and maintenance.
(1) Work may be done on ordinary maintenance and repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing. However, this division shall not be deemed to authorize any violation of divisions (C) through (I) of this section.
(2) Nothing in this zoning code shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of division (E) below) in accordance with the order of a public official who is charged with protecting the public safety and who declares the building or other structure to be unsafe and orders its restoration to a safe condition.
(3) Nonconforming residential buildings in a business or industrial district may be maintained, repaired, improved, modernized, or enlarged. However, no increase in the number of dwelling units shall be permitted.
(C) Structural alteration. No structural alteration shall be made unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which the structure is located except as provided in divisions (D), (E), and (G) below.
(D) Extensions and enlargement. The Board of Zoning Appeals may permit a nonconforming building or structure to be extended, expanded, enlarged, or increased in intensity subject to the following conditions:
(1) A nonconforming use may be extended throughout any part of the building or other structure that was lawfully and manifestly designed or arranged for such use on the effective date of this zoning code or any appropriate amendment thereto;
(2) The Board may permit either an expansion of a nonconforming building or structure, or a substitution of a nonconforming use in such a building or structure, but not both; and
(3) A nonconforming building or structure may be extended or enlarged on the lot occupied by the building on the effective date of this zoning code or on an adjoining lot, provided such lot was under the same ownership as the lot in question on the effective date of this zoning code. Such nonconforming building may be enlarged or extended to an extent not exceeding 25% of the gross floor area of the nonconforming structure or building lawfully existing at the time of the adoption of this zoning code;
(4) The extension or enlargement of a nonconforming building or structure may not occupy ground space suitable and otherwise available for meeting the off-street parking requirements of this zoning code;
(5) A nonconforming use of land may not be extended, enlarged, or increased in intensity;
(6) Nothing contained in this section shall in any way prohibit a nonconforming use from acquiring additional off-street parking space; and
(7) Application for an extension or enlargement in accordance with divisions (D)(1) through (D)(6) shall be noticed and heard in the manner prescribed for appeals in § 152.013.
(E) Damage or destruction. In the event that any building or other structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before the damage or destruction exceeds 75% of the current replacement cost of the entire building or other structure, exclusive of foundation, the building or other structure shall not be restored unless the building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, even if the damage is 75% or less, no repair or restoration shall be made unless a building permit is obtained, and restoration is actually begun, within one year after the date of the partial destruction.
(F) Moving. No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.
(G) Change. The Board of Zoning Appeals may permit a substitution for a nonconforming use in a building or structure lawfully existing at the time of the adoption of this zoning code subject to the following conditions:
(1) The Board may permit either an expansion of a nonconforming building or structure or a substitution of a nonconforming use, but not both;
(2) A nonconforming use of land may not be changed; and
(3) Application for a substitution in accordance with division (G)(1) shall be noted and heard in the manner prescribed for appeals in § 152.013.
(H) Discontinuance.
(1) Discontinuance of nonconforming use of land. In the event that operation of a nonconforming use of land is voluntarily discontinued for a period of two years, the nonconforming use shall not thereafter be reestablished and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.
(2) Discontinuance of nonconforming use of buildings or structures. In the event that operation of a nonconforming use of all or part of a building or other structure is voluntarily discontinued for a period of two years, the nonconforming use shall not thereafter be reestablished, and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.
(I) Nonconforming accessory uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
('80 Code, § 152.169) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999