(A) Authority to continue use. Any nonconforming use of part or all of a structure or any nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the following provisions.
(1) Ordinary repair and maintenance.
(a) Normal maintenance and incidental repair or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any structure; provided, however, that this division (A)(1) shall not be deemed to authorize any violation of divisions (A)(2) through (A)(5) below, and divisions (B), (C), and (D) below.
(b) Nothing in this subchapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of the Enforcement Officer, and where such restoration will not be in compliance with § 154.179.
(2) Remodeling. Except as provided for in division (F) below, no structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of this chapter. For purposes of this section, the term REMODEL shall mean to reconstruct or relocate exterior walls, bearing walls, or bearing partitions; or to substantially alter the exterior appearance of a building by adding or removing architectural elements.
(3) Expansion of use. Except as provided for in division (F) below, no nonconforming use of a lot or building shall be enlarged, expanded, or extended to occupy a greater area of lot or building than was occupied on the effective date of this chapter, or amendment thereto, and no additional accessory use, building, or structure shall be established thereon.
(4) Enlargement of building or structure. Except as provided for in division (F) below, no building or structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all of the provisions of this chapter.
(5) Moving. No structure that is devoted in whole or in part to a nonconforming use shall be moved, in whole or in part, to any other location on the same or any other lot, unless the entire structure and use thereof shall thereafter conform to all of the provisions of this chapter after being so moved. No nonconforming use of land shall be moved, in whole or in part, to any other location on the same or any other lot, unless such use shall thereafter conform to all of the provisions this chapter after being so moved.
(6) Compliance with performance standards. Any nonconforming use shall be brought into conformance with the performance standards established in § 154.062 upon the effective date of this chapter, or any applicable amendment thereto.
(B) Change of use. A nonconforming use shall not be changed to any use other than a permitted use in the zoning district in which the property is located. When a nonconforming use has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use.
(C) Discontinuance of use. When a nonconforming use is discontinued, as defined herein, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land or building shall comply with the provisions of this chapter.
(D) Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use has been abandoned, as defined herein.
(E) Status of special uses or uses approved under site plan review.
(1) Existing uses which were issued a special use permit and continue to be classified as special uses under the applicable district regulations of this chapter, or amendment thereto, shall not be considered a nonconforming use. Such a use may continue, subject to compliance with the conditions set forth in the special use permit. The same applies to uses approved with conditions of use attached under the site plan review procedure, which under this chapter are classified as a special use.
(2) Existing uses which were issued a special use permit or site plan review approval prior to effective date of this chapter or amendment thereto, but are no longer permitted as a special use or as a permitted use upon such effective date, shall be considered a nonconforming use, subject to the provisions of this subchapter.
(3) Uses existing prior to the effective date of this chapter, or amendment thereto, which were not classified as a special use, but are so classified upon such effective date, shall be deemed a lawful conforming use. In the event that such existing use is to be altered (other than maintenance and remodeling), expanded, intensified, or otherwise changed, then such use shall be required to obtain a special use permit, pursuant to the procedures set forth in §§ 154.125 through 154.128.
(F) Exceptions. Any structure devoted to a nonconforming dwelling use (such as, a dwelling located in a non-dwelling district where such uses are not permitted), may be remodeled, extended, expanded, and enlarged; provided that after any such remodeling, extension, expansion, or enlargement, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work, and provided that such work does not create any dimensional nonconformities, except as may be authorized under § 154.178(C). This paragraph shall not be deemed to authorize any violation of divisions (A)(5), (A)(6), (B), (C), (D), and (E) above.
(Ord. 834, passed 2-1-2001)