CHAPTER 1157
Nonconforming Uses
1157.01   Purpose.
1157.02   Regulations.
1157.03   Continuation of existing uses conditionally permissible.
CROSS REFERENCES
      Nonconforming uses, retroactive measures - see Ohio R.C. 713.15
      Nonconforming use defined - see P. & Z. 1103.02(a)(67)
      Amendments to zoning ordinances - see P. & Z. 1109.01
   1157.01  PURPOSE.
   The purpose of this chapter is to provide for the eventual and equitable elimination of uses that do not conform to the existing zoning requirements, but which were in lawful operation prior to the enactment of this Zoning Ordinance or amendment thereto.
(Ord. 2013-99.  Passed 11-25-13.)
   1157.02  REGULATIONS.
   The lawful use of any building or land existing at the effective date of this Zoning Ordinance or amendments thereto may be continued, although such use does not conform to the provisions of this Zoning Ordinance.
   (a)   Unsafe Structures.  Nothing in this Zoning Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
   (b)   Alterations.  A building or structure containing a nonconforming use may be altered, improved or reconstructed, enlarged, or extended provided such work is not to an extent exceeding, in aggregate cost during any ten year period, the assessed value of the building or structure on the date these regulations take effect, unless the building or structure is changed to a conforming use.
   (c)   Restoration.
      (1)   Nothing in this Zoning Ordinance shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming nonresidential building or structure, damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Zoning Ordinance, wherein the expense of such work does not exceed fifty percent (50%) of the replacement cost of the building or structure at the time such damages occurred.
      (2)   Nonconforming residential buildings or structures are permitted to be reconstructed, repaired, or rebuilt following damage by fire, collapse, explosion or acts of God, to one hundred percent (100%) of the replacement cost of the building or structure at the time such damages occurred.
   (d)   Construction Approved Prior to Zoning Ordinance.  Nothing in this Zoning Ordinance shall prohibit the completion of construction and use of a nonconforming building for which a lawful permit has been issued prior to the effective date of this Zoning Ordinance or any amendment thereto provided that construction is carried on diligently and without interruption for a continuous period in excess of thirty days; and that the entire building shall have been completed within two years after the issuance of such permit; except that signs shall have been completed within sixty days.
   (e)   Displacement.  No nonconforming use shall be physically enlarged or extended to displace a conforming use.
   (f)   Discontinuance. Whenever a nonconforming use or building has been discontinued for a period of one (1) year or more, the nonconforming use or building shall not be reestablished, and any further use or building shall be in conformity with the provisions of this Zoning Ordinance.
   (g)   Wear and Tear.  Nothing in this Zoning Ordinance shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this Zoning Ordinance, rendered necessary by wear and tear, deterioration or depreciation provided the cost of such work shall not exceed thirty percent (30%) of the market value of such building or structure at the time such work is done, nor prevent compliance with the provisions of the Building Code relative to the maintenance of buildings or structures.
   (h)   District Changes.  Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein and to any use made nonconforming by such change.
      (Ord. 2013-99.  Passed 11-25-13.)
   1157.03  CONTINUATION OF EXISTING USES CONDITIONALLY PERMISSIBLE.
   All uses existing at the time of passage of this Zoning Ordinance or amendments thereto and conditionally permissible in their respective districts under this Zoning Ordinance shall be permitted to continue as nonconforming uses.
(Ord. 2013-99.  Passed 11-25-13.)