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§ 154.117 ABANDONMENT.
   (A)   A nonconforming use may not be re-established if the use is abandoned for a continuous 12- month period.
   (B)   Vacation of land or building or the termination of the use normally carried on upon the property shall be evidence of abandonment, as shall any of the following:
      (1)   Failure to file an executed lease;
      (2)   Failure to secure the building envelop;
      (3)   Failure to maintain utility service; and
      (4)   Failure to secure or maintain a license or permit for a nonconforming use.
   (C)   Applicants may submit a one-time written request for a six-month extension of the permitted abandonment period for cause.
   (D)   A nonconforming use, building or structure shall be considered immediately abandoned without right of reestablishment if the building or structure is demolished or if the nonconforming use, building or structure is replaced with a conforming use, building or structure.
(Ord. passed 7-13-2015)
§ 154.118 CHANGE.
   (A)   A nonconforming use may be changed to a conforming use by right.
   (B)   A nonconforming use may not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception.
      (1)   The proposed use shall be of the same or more restricted classification than the existing use and shall not be more detrimental to the district than the existing use of the property.
      (2)   The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception.
   (C)   A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use.
(Ord. passed 7-13-2015)
§ 154.119 EXPANSION.
   (A)   A nonconforming use, building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of enactment of this chapter.
   (B)   A nonconforming use, building or structure shall not be enlarged or increased in a manner which will further violate any regulation imposed by this zoning chapter. No additional structures, uses, or buildings which do not conform to the requirements of this chapter shall be erected or established in connection with existing nonconforming uses, structures or buildings.
   (C)   A nonconforming use, building or structure may be expanded once up to 5%.
   (D)   (1)   A nonconforming use, building, or structure may not be expanded more than 5% unless such expansion has been approved as a special exception by the Zoning Hearing Board.
      (2)   A dimensional nonconformity may be extended provided that the extent of the nonconformity is not increased, and no new nonconformity is created.
   (E)   Total future expansion of a nonconforming building, structure or use shall not exceed 50% of the lot area occupied by the building, structure or use at the time this zoning chapter becomes effective.
   (F)   Nonconforming signs shall not be expanded.
(Ord. passed 7-13-2015)
§ 154.120 REPAIR, MOVEMENT AND REPLACEMENT.
   (A)   Nonconforming buildings and structures and buildings and structures containing nonconforming uses may be repaired, provided that no repairs shall be made which will further extend the violation of any requirements of this chapter.
   (B)   A building or structure containing a nonconforming use or a nonconforming building or structure may be replaced by a new building or moved to another location on the same lot provided that the new or relocated building or structure complies with all coverage, yard and height requirements of the zoning district in which it is located.
(Ord. passed 7-13-2015)
§ 154.121 DAMAGE OF DESTRUCTION.
   (A)   Any nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are totally destroyed by any means and declared structurally unsound for occupancy by the Building Code Official may be rebuilt and used for the same nonconforming use or a nonconforming use of a more restricted classification. Any subsequent building or structure or use of land shall not be more nonconforming in any respect than the building, structure or use of land which existed prior to destruction, unless a special exception is granted by the Zoning Hearing Board. New construction shall begin within 12 months of the date of destruction and diligently pursued. Applicants may submit a one-time written request for a six-month extension of the construction start date for cause.
   (B)   A nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are partially destroyed but the building or structure is not declared structurally unsound for occupancy by the Building Code Official, may be reconstructed. The reconstructed portions of a building or structure shall not be more nonconforming in any respect than the portions of the building or structure which were destroyed.
(Ord. passed 7-13-2015)
ADMINISTRATION AND ENFORCEMENT
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