Where, at the time of passage of any provision of the Planning and Zoning Code, a lawful use of land and/or structures exists which would not be permitted by said provision, the use may be continue so long as it remains otherwise lawful, provided:
(a) Expansion of Use Prohibited. No use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:
(1) Expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this Code, or any amendment hereto which causes such use to become nonconforming.
(2) Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this Code, or any amendment thereto which causes such use to become nonconforming. Except a nonconforming use located in a structure not designed for any use permitted in the district in which such structure is located may be extended throughout any part of such structure; provided, however, that such expansion shall not be allowed unless off-street parking and loading spaces required for such expansion can be, and are, provided in accordance with the requirements and restrictions of Chapter 1137.
(3) An extension of the hours of operation of such use beyond the normal or previously approved or permitted hours of operation.
(b) Change in Use.
(1) A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2) A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact as determined by the Board of Zoning Appeals or to a use permitted in the zoning district in which the structure is located.
(3) The following list provides guidance for determining a more restrictive classification of use. The most restrictive classification is shown first. In general, a residential use is to be deemed more restrictive than commercial, and commercial more restrictive than industrial.
A. Single-family Residential
B. Office
C. Retail/services
D. General Commercial
E. Light Industrial, Assembly
F. Manufacturing
(4) Once changed to a permitted use or to a more restrictive and less intensive use in accordance with Subsection (d) (1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
(c) Structural Alteration or Enlargement. No building or structure containing a nonconforming use shall be structurally altered or enlarged.
(d) Moving. No nonconforming use (and associated building or structure) may be moved to any other part or parcel of land upon which the same condition existed at the time the use became nonconforming, except to make it a conforming use.
(e) Damage or Destruction. When a structure occupied by a nonconforming use is damaged or destroyed by any means to the extent of more than sixty-six percent (66%) of the area of the structure, as calculated by the Village Engineer utilizing the footprint of the building measured around its perimeter and including all levels of the structure, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. Reconstruction shall require a zoning permit, be constructed and restored as previously existing providing the construction and restoration is done within one (1) year from the date of said destruction and such nonconforming use is recommenced within ninety (90) days of completion of construction or restoration.
(f) Abandonment or Discontinuance. In accordance with ORC 713.15, if any such nonconforming use is voluntarily discontinued for a period of one year or more, any future use of such land shall be in conformity with the provisions of this Planning and Zoning Code.
(Ord. 19-10. Passed 11-7-19.)