The lawful use of any dwelling, building, or structure on any lot or premises existing and lawful at the time of the enactment of this Ordinance, supplement or amendment, may continue although such use does not conform with the provisions of this Zoning Ordinance, or any supplement or amendment made after the enactment of the Ordinance. A nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification provided no structural alterations are made. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not be changed thereafter to a less restricted use.
(a) In the event that a nonconforming use of any dwelling, building, or structure and of any lot or premises is voluntarily discontinued for a period of two (2) years or more, any future use of the lot, building or structure shall be in conformity with the provisions of this Zoning Ordinance.
(b) Without the Board of Zoning Appeals' approval, a nonconforming use may be extended throughout that portion of a structure that was obviously designed and intended for such use. Also, a nonconforming structure may be extended or enlarged by not more than ten (10) percent of the total floor area existing at the time of adoption or amendment of this Ordinance. However, no such extension shall encroach upon any minimum yard requirements nor shall it exceed the maximum height requirement.
(c) When a non-conforming building or structure has been damaged by explosion, fire, act of God, or the public enemy to the extent of more than seventy-five percent (75%) of its fair market value, it shall not be restored or reconstructed except in conformity with the regulations of the zoned district in which the building or structure is located except, however, this section does not apply if the non- conforming building or structure is a single family residence. In the event the non- conforming building or structure is a single family residence, the building or structure can be restored or reconstructed as a single family building or structure if construction has commenced within one (1) year of the event and completed within two (2) years of the date of the damaged and continued as a non-conforming use.
(d) When a nonconforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within a year of damage, revoke the right to nonconforming use and the premises shall conform thereafter to the established district regulations.
(e) A use in violation of the provisions of this Zoning Ordinance which this Ordinance amends or of a Zoning Ordinance covering an area of a city, village, or township subsequently annexed to the City of Rossford, shall not be validated by the adoption of this Ordinance.
(Ord. 2008-06. Passed 4-14-08.)