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(A) General. Accessory buildings, structures and uses other than highway advertising signs shall be compatible with the principal building, structure or use, shall not be established prior to the establishment of the principal building, structure or use, and shall not include the keeping of poultry or livestock, whether or not for profit. No accessory building or structure shall be used for dwelling purposes.
(B) Location. All accessory buildings or structures shall be erected, altered or moved only in conformance with the minimum required yard regulations applicable to the zoning district in which they are located, except for permitted obstructions in minimum required yards as provided in § 156.045(B)
(C) Maximum height and size. Unless otherwise permitted by a planned unit development or a variation, the maximum height and size for accessory buildings of structures shall be as follows:
(1) Maximum height - Single Family Residential District.
(a) The maximum height for a building or structure that is accessory to a principal single-family residential building or structure shall be 16 feet above grade, except as provided in division (C)(1)(c) through (f) below.
(b) The maximum height for any building or structure accessory to a principal nonresidential building or structure shall be the maximum height for principal nonresidential buildings or structures in the applicable zoning district, except as provision in division (C)(1)(d) and (f) below.
(c) The maximum height for an attached garage accessory to a principal single-family dwelling shall be the maximum building height for the dwelling.
(d) The maximum height for storage sheds accessory to a principal single-family building or structure or to a principal nonresidential building or structure shall be ten feet above grade.
(e) The maximum height for light poles accessory to a principal detached
single-family residential building or structure shall be eight feet above grade; provided that the maximum height for light poles in conjunction with a swimming pool shall be four feet above grade. The maximum height for light poles accessory to a principal attached single-family building or structure shall be 16 feet above grade.
(f) The maximum height for generators accessory to a principal single-family residential building or structure shall be six feet above grade. The maximum height for generators accessory to a principal nonresidential building or structure shall be 16 feet above grade, and such a generator shall be screened from view by a six-foot solid fence or wall, with landscaping around the fence for an additional six-foot buffer.
(2) Maximum size - Single-Family Residential District.
(a) The maximum size for a shed accessory to a principal single-family residential building or structure or to a principal non-residential building or structure shall be 150 square feet.
(b) The maximum size for a detached garage accessory to a principal single-family residential building or structure shall be 800 square feet. A detached garage shall only be allowed if the structure does not contain an attached garage or a car port.
(c) The maximum size for a generator accessory to a principal single-family residential building or structure shall be 60 square feet.
(d) The maximum size for a generator accessory to a principal non-residential building or structure shall be 120 square feet, and such a generator shall be screened from view by a six-foot solid fence or wall, with landscaping around the fence for an additional six-foot buffer.
(3) Maximum height - Business or Multiple-Family District. The maximum height for an accessory building or structure in a Business or Multiple-Family District shall be 16 feet above grade; provided that the maximum building height for a parking structure in a business or multiple-family district shall not exceed the building height allowed for a principal building in the district where said structure is located and the maximum height for a highway advertising sign shall be as set forth in § 156.052(G) of this code.
(4) Maximum size - Business or Multiple-Family District.
(a) The maximum size for a shed shall be 150 square feet.
(b) The maximum size for a generator shall be 120 square feet, and such a generator shall be screened from view by a solid fence or wall a minimum of six feet in height and no less than the height of the generator, with landscaping around the fence for an additional six-foot buffer.
(c) The maximum size for a highway advertising sign shall be as set forth in § 156.052(G) of this code.
(D) Maximum size - Residential District. In a single-family residential district there shall be allowed a maximum of two accessory buildings. Such accessory buildings shall not occupy more than 950 square feet.
(E) Maximum height - Commercial District. No accessory building in a commercial zone shall have a building height of more than one story or 16 feet, whichever is less, unless otherwise permitted by special use permit and/or variation. A parking structure in a commercial or multi-family zone shall have a building height of not more than the building height allowed by the business district where said structure is located.
(F) Maximum size - Commercial District. In a commercial district, an accessory building which is not part of the principal building shall not occupy more than 30% of the required rear yard; provided, however, that no such accessory building shall exceed an area of 800 square feet. In a commercial and multi-family zone, areas of parking structures and principal buildings shall comply with floor area ratios of the business district where construction is located.
(Ord. 80-24, passed 12-23-80; Am. Ord. 92-8, passed 8-25-92; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 98-45, passed 2-9-99; Am. Ord. 99-09, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 07-13, passed 10-9-07; Am. Ord. 12-54, passed 12-11-12; Am. Ord. 15-20, passed 3-10-15; Am. Ord. 19-9, passed 3-12-19) Penalty, see § 156.999
(A) All utility service connections for new construction shall be installed underground in all zoning districts.
(B) All utility service connections to structures with proposed additions of 50% or greater of the original structure square footage shall be relocated and installed underground in all zoning districts.
(Ord. 14-17, passed 4-8-14)
New buildings, structures and additions to buildings and structures. All new buildings, structures and additions to buildings and structures shall be erected, raised, moved, reconstructed, extended, enlarged or altered only in conformance with the bulk regulations established herein for the district in which each is located; provided that legal nonconforming buildings and structures shall be subject to § 156.041 of this chapter, and planned unit developments and properties for which variations have been granted shall be subject to the bulk requirements established in the ordinances approving such planned unit developments and variations; and further provided that in Single-Family Residence Districts, a lot which was of record at the time of adoption of this chapter, may be used for a single-family residence even though it does not meet the requirements of this chapter as to lot area and lot width, so long as the residence conforms with all other bulk regulations of the Single-Family Residence District.
(Ord. 07-13, passed 10-9-07) Penalty, see § 156.999
(A) General. No building, structure or premises shall hereafter be used or occupied, except in conformity with the use regulations herein specified for the district in which it is located; provided that legal nonconforming uses shall be subject to the provisions of § 156.041 of this chapter, and uses permitted as exceptions in planned unit developments shall be subject to the requirements for such uses established in the ordinances approving such planned unit developments.
(B) Synonymous uses. When a use is not specifically listed in the sections devoted to permitted uses or special uses, it shall be assumed that such use is hereby expressly prohibited. Whenever a proposed use is synonymous or nearly synonymous with a permitted or special use allowed within the zoning district, the Director of Community and Economic Development may allow the proposed use without a requirement that the specific terms of this chapter be amended.
(C) Principal structures. Only one principal structure, along with permitted accessory structures, shall be constructed upon a single subdivided lot or an unsubdivided parcel of land, except in a planned unit development. Notwithstanding this division, more than one principal structure shall be permitted on a lot or parcel of land owned or operated by a local governmental unit, on a lot or parcel of land operated as a self-storage business, and for an above ground service facility that is located and constructed in accordance with § 156.051.
(D) Temporary construction buildings and trailers. Temporary buildings and trailers for construction purposes are allowed for a period not to exceed such construction if they are located on the same lot where such construction is being undertaken or a contiguous lot thereto, and are not located within 50 feet of the lot line of an off-site residential use.
(E) Lot division. No lot containing a use or structure shall hereafter be divided or otherwise modified in order to transfer ownership or establish a new principal use thereon, unless each lot, including the lot containing the use or structure resulting from such division or modification, shall comply with all bulk regulations as required in this chapter for the district in which the lot is located.
(F) Voting places. The provisions of this chapter shall not be so construed as to deny the temporary use of any property as a voting place in connection with a municipal or other public election.
(Ord. 07-13, passed 10-9-07; Am. Ord. 07-38, passed 2-26-08; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) Residential District.
(1) The height of any fence shall not exceed six feet from existing grade.
(2) In front yards, fences shall be at least 50% open. The closed area of the fence shall be distributed evenly over the entire fence surface, and no portion of a closed area of the fence shall exceed a width of six inches when viewed at a 90-degree angle. No fence in a front yard shall exceed four feet in height from existing grade.
(3) In side yards, fences may be open or solid type and shall not exceed six feet in height from existing grade, provided that a solid fence or wall six feet in height from existing grade shall be required in a side yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
(4) In rear yards, fences may be open or solid type and shall not exceed six feet in height; provided that a solid fence or wall six feet in height from existing grade shall be required in a rear yard between residential and nonresidential uses, and shall be erected on the nonresidential property with the finished side facing the residential use.
(5) On comer lots, no fence or any other obstruction, except existing vegetation as provided in § 156.045(A)(3), shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.
(6) The finished side of any fence shall face the exterior of the lot.
(7) No fence may be erected, constructed, or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
(8) Fences constructed in whole or in part of electrically charged wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
(9) All fences shall be maintained on a regular basis and in a structurally sound condition by the property owner.
(10) Notwithstanding the height restrictions set forth in this division (A), no fence on lots owned or operated by local government units shall exceed eight feet in height from existing grade. Such fences may be open or solid type fences.
(11) On properties occupied by nonresidential uses, the requirements for fences in division (B) of this section shall apply.
(B) Business Districts.
(1) No fence shall be permitted in the front yard.
(2) In side yards, fences may be open or solid type and shall not exceed eight feet in height from existing grade.
(3) In rear yards fences may be open or solid type and shall not exceed eight feet in height from existing grade.
(4) A solid fence or wall six feet in height from existing grade shall be required in side or rear yards between residential and business uses or between residential and nonresidential uses in a Residential District, and shall be erected on the business or nonresidential property with the finished side facing the residential use. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. Such a fence shall be supported with posts which shall be constructed of a steel material conforming to the requirements of ASTMA 653, coating designation G90 galvanized (zinc) coating. In order to create an effective buffer between incompatible land uses, such fences shall be screened from the residential use by evergreen trees planted on the business or nonresidential property, with a minimum starting planting height of six feet, and such fences shall be located no closer than six feet from the property line which separates the two districts or types of uses. A 12-foot landscape buffer zone shall be required as provided in § 156.049 of this chapter; provided, however, that no credit toward the required landscape points shall be given for the fence required in this division.
(5) On corner lots, no fence or any other obstruction shall exceed 18 inches above street grade in any portion of the yard situated within 25 feet of the lot comer formed by the intersection of any two street lines.
(6) A fence that is six feet in height from existing grade shall be required, in any yard abutting a minor street between business and residential districts, where there is off street parking, and no variation shall be necessary for such a fence within the required yard. After August 2020, a solid fence or wall eight feet in height shall be required for all newly constructed buildings, for all buildings constructing an addition, and for all existing buildings when more than 50% of the area of the building footprint is remodeled or the estimated cost of the remodeling exceeds 50% of the assessed value of the property in which it is located. The owner(s) shall maintain the property between the fence and the street pavement or the concrete curb or ribbon. Required fences adjacent to a public street shall have the finished side facing the street.
(7) No fence may be erected, constructed or maintained on any portion of any zoning lot in such a manner as to impede the natural stormwater runoff, as determined by the City Engineer.
(8) Fences constructed in whole or in part of electrically charged wires, barbed wire, spikes, glass, protruding nails, or sharp or pointed materials shall be prohibited, except that a blunt decorative point at the top of a fence shall be permitted. Fences constructed in whole or in part of chain links shall be prohibited in front of the building line of any building or structure.
(9) All fences, including all living green fences, shall be maintained on a regular basis and in a structurally sound condition by the property owner.
(C) All Districts - Exterior paint and colors.
(1) Exterior paint colors. It shall be unlawful to paint, stain or color or change the color of any fence located within the city except in accordance with this division (C).
(2) Permissible exterior surface treatments. No more than one solid color shall be used on any fence located within the city.
(3) Existing colors, maintenance and vested rights. The owner of property affected by this division (C) shall have the right to maintain and repair colors existing on the effective date of this division (C). The owner of property shall be permitted to repair minor damage to the existing fences on the property and to repaint such repaired areas to match the existing color, provided, however, that the repaired area to be repainted shall not exceed 50% of the combined surface area of all elevations of the fence. In the event that more than 50% of the combined surface area of all elevations of the fence needs to be repainted, or if the color of existing fence is to be changed, then the property shall be brought into full compliance with this Section division(C).
(D) Except as specifically provided herein, living green fences are not regulated in this section and are governed by the landscaping requirements in § 156.049.
(Ord. 07-13, passed 10-9-07; Am. Ord. 20-29, passed 8-11-20; Am. Ord. 24-02, passed 1-9-24) Penalty, see § 156.999
(A) Statement of purpose. This section regulates the continued existence of legal nonconforming uses, buildings, and structures and specifies those circumstances under which such uses, buildings, and structures shall be permitted or gradually eliminated.
(B) Scope of regulations; general provisions.
(1) These regulations apply to the following categories of nonconformities:
(a) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings and structures.
(b) Legal nonconforming uses of legal nonconforming buildings and structures.
(c) Legal nonconforming buildings and structures (as to bulk).
(2) Nothing in this section is intended to prevent the strengthening or restoration of a legal nonconforming building or structure to a safe condition for purposes of the public health and safety.
(3) The burden of establishing the existence of a legal nonconforming use, building, or structure is upon the property owner and not upon the city.
(C) Legal nonconforming uses of land and legal nonconforming uses in conforming buildings or structures.
(1) Authority to continue. Except as provided in division (C)(9), any existing legal nonconforming use of a premises not involving the use of a building or structure, or involving only a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use located in a conforming building or structure, may be continued so long as it remains otherwise lawful, subject to the regulations contained in divisions (C)(2) through (C)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use, provided, however, that this division (C)(2) shall not be deemed to authorize any violation of divisions (C)(3) through (C)(9).
(3) Structural alteration. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be structurally altered unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(4) Enlargement of building or structure. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted entirely to a legal nonconforming use, and no portion of a conforming building or structure that is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such building or structure or portion thereof that is devoted to a legal nonconforming use shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement for such building or structure.
(5) Expansion of legal nonconforming use. A legal nonconforming use of land that does not involve a building or structure, a conforming building or structure that is accessory to a legal nonconforming use of land, or a legal nonconforming use in all or a portion of a conforming building or structure shall not be expanded, extended, enlarged, or increased in intensity. Such prohibited activity shall include without being limited to:
(a) An expansion of such use, including its accessory uses, to any building, structure, or land area other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming; and
(b) An expansion of such legal nonconforming use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless both the building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a conforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building, or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any conforming building or structure that is accessory to a legal nonconforming use of land or that is devoted in whole or in part to a legal nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of such building or structure shall not be restored, unless the use thereof shall thereafter conform to all regulations of the zoning district in which it is located, and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirement existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of land that does not involve a building or structure, or that involves only a conforming building or structure that is accessory to the legal nonconforming use of land, or a legal nonconforming use in a part or all of a conforming building or structure is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (C)(9).
(D) Legal nonconforming uses in legal nonconforming buildings or structures.
(1) Authority to continue. Except as provided in division (D)(9), any lawfully existing legal nonconforming use located in a legal nonconforming building or structure may be continued so long as it remains otherwise lawful, subject to the regulations contained in division (D)(2) through (D)(8).
(2) Ordinary repair and maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, provided, however, that this division (D)(2) shall not be deemed to authorize any violation of divisions (D)(3) through (D)(9).
(3) Structural alteration. No legal nonconforming building or structure devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use shall be structurally altered unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of nonconformity with any existing parking, loading, bulk, yard, or space requirement in such building or structure.
(4) Enlargement of building or structure. No legal nonconforming building or structure that is devoted entirely to a legal nonconforming use, and no portion of a building or structure that is legal nonconforming or is devoted to a legal nonconforming use, shall be enlarged or added to in any manner, including the interior addition of floor area, unless the building or structure or portion thereof that is legal nonconforming or is devoted to a legal nonconforming use, and the use thereof, shall thereafter conform to all the regulations of the district in which it is located. No such enlargement shall create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any nonconformity with existing parking, loading, bulk, yard, or space requirement in such building or structure.
(5) Expansion of legal nonconforming use. No legal nonconforming use in a legal nonconforming building or structure or portion thereof shall be expanded, extended, enlarged, or increased in intensity by an expansion of such use to any building or structure, land area, or portion thereof, including but not limited to expansion to any portion of the floor area of a legal nonconforming building or structure or portion thereof that was not occupied by such legal nonconforming use, other than that occupied by such legal nonconforming use on December 23, 1980, or any subsequent changes to this chapter that have caused such use to become nonconforming.
(6) Moving. No legal nonconforming building or structure that is devoted in whole or in part to a legal nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire building or structure and the use thereof shall thereafter comply and conform to all regulations of the zoning district in which it is located after being so moved. No legal nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.
(7) Change in use. A legal nonconforming use of land or a legal nonconforming use within a legal nonconforming building or structure shall not be changed to any use other than a use permitted in the zoning district in which the use, building or structure is located. When such a legal nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any unlawful use.
(8) Damage or destruction. Any legal nonconforming building or structure devoted in whole or in part to a legal nonconforming use, which is damaged or destroyed, by any means, to the extent of 50% of the cost of replacement of such building or structure, shall not be restored unless such building or structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless its restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements existing prior to such damage or destruction. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion.
(9) Termination by discontinuance or abandonment.
(a) When a legal nonconforming use of a part or all of a legal nonconforming building or structure, which was not originally constructed or intended for any use permitted in the zoning district in which such building or structure is located, is discontinued or abandoned for a period of six months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land, building, or structure shall comply with the use regulations of the zoning district in which such land, building, or structure is located.
(b) Any period of such discontinuance of a legal nonconforming use caused by government action or acts of God, and without any contributing fault by the user, shall not be considered in calculating the length of discontinuance for purposes of this division (D)(9).
(E) Legal nonconforming buildings or structures (as to bulk).
(1) Authority to continue. Any legal nonconforming building or structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in divisions (E)(2) through (E)(4).
(2) Repair, maintenance, alterations, and enlargement. Any legal nonconforming building or structure may be repaired and maintained. Any portion of a legal nonconforming building or structure that is altered or enlarged, whether in the vertical or horizontal dimension, shall comply with all provisions of this chapter.
(3) Moving. A legal nonconforming building or structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
(4) Damage or destruction. Any legal nonconforming building or structure that is damaged or destroyed, by any means not within the control of the owner thereof, to the extent of more than 50% of the cost of replacement of such building or structure, shall not be restored unless such replacement building or structure shall thereafter conform to all regulations of the zoning district in which it is located and unless the restoration is authorized pursuant to this code. The restored building or structure shall be accomplished without creating any new nonconformity with parking, loading, bulk, yard, or space requirements or increasing the degree of nonconformity with any parking, loading, bulk, yard, or space requirements for such building or structure. Restoration shall actually begin within one year after the date of such damage or destruction, unless extended in writing by the City Council for an additional period of one year for good cause shown, and such restoration shall be diligently pursued to completion. In no event shall any damage or destruction to such a legal nonconforming building or structure by means within the control of the owner be repaired or restored except in accordance with division (E)(2).
(5) Driveways and signs. Legal nonconforming driveways and signs shall not be subject to the foregoing, and shall be subject only to the following regulations:
(a) Driveways. If the principal building or structure on any lot is destroyed or damaged by more than 50% of the total cost of reconstructing the building or structure, whether by fire, casualty, or act of God, or by the actions of the property owner, any legal nonconforming driveway on such lot shall be brought into conformance with the requirements of §§ 156.101(E) and 156.075(H) at the time the building or structure is reconstructed.
(b) Signs. Legal nonconforming signs may be continued, repaired, altered, added to, or enlarged, moved, restored, discontinued, and changed in use only in conformance with the provisions of § 156.043(E).
(F) Variations previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a variation was previously granted, shall remain lawful to the extent of the specific variation granted, subject to any conditions that were imposed pursuant to the grant of such variation.
(G) Special uses previously granted for uses, buildings, and structures. Any use, building, or structure that becomes nonconforming upon the effective date of any changes to this chapter that cause such building or structure to become nonconforming, and for which a special use was previously granted, including a special use for a planned unit development, shall remain lawful to the extent of the approvals given as part of such special use, subject to any conditions that were imposed pursuant to the grant of such special use.
(Ord. 80-24, passed 12-23-80; Am. Ord. 98-06, passed 6-9-98; Am. Ord. 99-08, passed 6-22-99; Am. Ord. 01-55, passed 3-26-02; Am. Ord. 02-76, passed 3-25-02; Am. Ord. 03-37, passed 11-25-03 ; Am. Ord. 05-42, passed 2-14-06) Penalty, see § 156.999
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