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1143.04 AVOIDANCE OF UNDUE HARDSHIP.
   To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, size or designated use of any buildings on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been carried out diligently. “Actual construction” is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be "actual construction", provided that the work has been carried out diligently. Where this is the case, the Zoning Inspector may require proof in the form of an affidavit or similar document that the original intended use of the building has not been changed. The ground story framework, including structural parts of a second floor, if planned for, shall have been completed within one (1) year and the entire building completed within two (2) years after the effective date of this Zoning Ordinance or new zoning and building certificates will be required verifying compliance with the conditions of this Zoning Ordinance or amendments thereto. Where work has been commenced prior to the effective date of this Zoning Ordinance for which no building certificate was issued, although required at the time, or which is in violation of a previously issued certificate, such violations shall stand and shall be prosecuted. Work for which no building certificate has been issue shall be required to comply with this Zoning Ordinance and its amendments.
1143.05 CERTIFICATES FOR NONCONFORMING USES.
   The Zoning Inspector may upon his own initiative, or shall upon the request of any owner, issue a certificate for any lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies that the lot, structure, or use is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used in the nonconforming use, and the extent that the dimensional requirements are non- conforming. The purpose of this section is to protect the owners of lands or structures that are or become nonconforming. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Inspector, who shall maintain as a public record a file of all such certificates.
1143.06 SINGLE NONCONFORMING LOTS OF RECORD.
   In any district in which single-family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance, notwithstanding limitations imposed by other provisions of this Zoning Ordinance. Such lot must be an isolated lot, and not of contiguous frontage with other lots that have not been built upon and that are in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Where the Zoning Inspector certifies to the Planning and Zoning Commission that these conditions have been met, he may proceed to issue the requisite certificates without referring the matter to the Board of Zoning Appeals.
1143.07 NONCONFORMING LOTS OF RECORD IN COMBINATION.
   If two or more lots or a combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and/or area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and/or area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Ordinance.
1143.08 YARD REDUCTIONS PERMITTED BY THE ZONING INSPECTOR FOR NONCONFORMING LOTS OF RECORD.
   The following yard reductions shall be permitted by direct action of the Zoning Inspector, upon a finding of fact complying with the conditions specified below, and certification of these conditions to the Board of Zoning Appeals, without recourse to variance by action of the Board of Zoning Appeals:
   (a)    Where there are single nonconforming substandard lots of record at the time of the effectiveness of this Zoning Ordinance or any amendment thereto that were not self-created conditions and that are located in districts permitting residence, the depth of the required rear yard and/or the minimum side yard width may be reduced by up to four (4) inches for each foot by which the lot or record at the effective date of this Zoning Ordinance or amendment thereto was less than l00 feet deep and/or less than fifty (50) feet wide, where this is necessary to provide the minimum site for one single car garage on the site, no more than twelve (12) feet in width by twenty-two (22) feet in length.
   (b)   Where construction or enlargement of, or addition to, a one-family detached dwelling is to be undertaken on a lot that is substandard by virtue of lot area and/or lot width to a single nonconforming substandard lot of record at the time of effectiveness of this Zoning, Ordinance or amendment thereto located in a district permitting such residences, and application of the yard requirements of the district within which it is located result in a space available for construction that is less than one-half the minimum required floor area (precluding construction of a two- story residence or minimum total floor area), and/or the space available for construction of the residence is less than twenty-two (22) feet in width; then:
      (1)   The depth of the required rear yard and/or the minimum width of each side yard may be reduced by up to four (4) inches for each foot by which the lot is less than 100 feet deep and/or less than fifty (50) feet in width; and
      (2)   Any combination of such reductions of side and rear yards may be provided to the point where a minimum available ground area of one-half the minimum required floor area and a minimum construction width of twenty- two (22) feet has been attained but not exceeded.
   (c)   Side yards, when reduced under subsection (b) hereof, shall be reduced uniformly at both sides. Side yards shall only be reduced, under both subsections (a) and (b) above, when rear yard reduction, within the specified limits, cannot result in the required minimum residential ground floor area, or the minimum garage area, and/or where essential to provide the minimum twenty-two (22) foot residential construction width. Under no condition shall a side yard provided for under the terms of this section, for either a residence or a garage, be less than five (5) feet in width, or less than ten (10) feet in the case of a side yard along a side street lot line, and provided that no rear yard shall be less than ten (10) feet;
   (d)   Where full application of the reliefs provided above still do not provide the minimum site specified for a single car garage, the permit for construction of the garage shall be denied, and
   (e)   Where the full application of the reliefs provided above still do not provide a minimum ground floor area of one-half the minimum required floor area and/or a minimum twenty-two (22) foot construction width, on a lot of record meeting the conditions specified above located in a district in which there is no other possible legal use of the ground without variance, the Zoning Administrator shall so certify to the Board of Zoning Appeals, which will accept such certification as proof of a clear and certain hardship on the land warranting relief.
1143.09 NONCONFORMING USES OF LAND.
   Where, at the time of adoption of this Zoning Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
   (a)   No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Ordinance;
   (b)   No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Zoning Ordinance;
   (c)   If any such nonconforming uses of land are discontinued or abandoned for six (6) months or more, except when government action impedes access to the premises, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which such land is located;
   (d)   No additional structure not conforming to the requirements of this Zoning Ordinance shall be erected in connection with such nonconforming use of land.
1143.10 NONCONFORMING STRUCTURES.
   Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
   (a)   No such nonconforming structure shall be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. Changes to nonconforming structures shall be oriented toward making the non-conformity more in character with its surroundings;
   (b)   Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance;
   (c)   Any maintenance, repair, replacement, or restoration activities shall not increase the number or extent of nonconformities; and
   (d)   Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
1143.11 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
     If the lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Ordinance that would not be allowed in the district under the terms of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)    No existing structure devoted to a use not permitted by this Zoning Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
   (b)   Any nonconforming use may be extended by no more than fifty percent (50%) in area but only in parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Zoning Ordinance. No such use shall be extended to occupy any land outside such building;
   (c)    Any structure, or structure and land in combination, in or on which a nonconforming use is superceded by a permitted use, shall thereafter conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed;
   (d)   When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for six (6) months or more except when government action impedes access to the premises, the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and
   (e)    Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
1143.12 TERMINATION OF NONCONFORMING USES.
   (a)   Termination of Use Through Discontinuance. When any nonconforming use is discontinued or abandoned for six (6) months or more, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall be evidence of its continuance.
   (b)    Termination of Use by Damage or Destruction. In the event that any nonconforming building or structure is destroyed by any means to the extent of more than fifty percent (50%) of the replacement cost of the structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Zoning Ordinance. When such a nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or less of the replacement cost, exclusive of foundation, no repairs or rebuilding shall be permitted except in conformity with all applicable regulations of this Zoning Ordinance or its amendments and the following conditions:
      (1)    A Zoning Certificate pertaining to such restoration shall be applied for and issued within ninety (90) days of such destruction, and rebuilding shall be diligently pursued to completion.
      (2)    Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.
      (3)    For purposes of this section, "replacement cost" shall be defined as the reproduction cost of the structure, exclusive of foundations, prior to the calamity depreciated in accordance with applicable Internal Revenue Guidelines for the structure.
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