[R.O. 2003 §400.340; Ord. No. 392 Art. V §1, 11-5-1981; Ord. No. 601 §1, 8-5-1999]
A. A nonconforming building or structure existing on or before November
5, 1981, may be continued and maintained except as otherwise provided
in this Section.
B. Alteration Or Enlargement Of Buildings And Structures. A nonconforming building or structure shall not be added to or enlarged
in any manner unless said building or structure, including additions
and enlargements, is made to conform to all of the regulations of
the district in which it is located; provided, however, that if a
building or structure is conforming as to use, but nonconforming as
to yards or height or off-street parking space, said building or structure
may be enlarged or added to provided that the enlargement or addition
complies with the yard and height and off-street parking requirements
of the district in which said building or structure is located. No
nonconforming building or structure shall be moved in whole or in
part to another location on the lot unless every portion of said building
or structure is made to conform to all the regulations of the district
in which it is located.
C. Restoration Of Damaged Building. A nonconforming
building or structure which is damaged or partially destroyed by fire,
flood, wind, earthquake, or other calamity or Act of God or the public
enemy to the extent of not more than seventy-five percent (75%) of
its value, exclusive of foundations, may be restored and the occupancy
or use of such building, structure or part thereof, which existed
at the time of such partial destruction, may be continued or resumed,
provided that such restoration is started within a period of one (1)
year and is diligently prosecuted to completion. In the event such
damage or destruction exceeds seventy-five percent (75%) of the value,
exclusive of foundation or such nonconforming building or structure,
no repairs or reconstruction shall be made unless every portion of
such building or structure is made to conform to all regulations for
new buildings in the district in which it is located; provided, however,
that any building or structure that is nonconforming due to off-street
parking requirements, and is conforming in every other respect, may
be restored regardless of the extent of damage; and provided, however,
that any single-family residence that is nonconforming due to its
location in a commercially zoned area, and is conforming in every
other respect, may be restored regardless of the extent of damage.
D. Outdoor Advertising Signs And Structures. Any advertising
sign, billboard, commercial advertising structure, or statuary, which
is lawfully existing and maintained at the time this Section became
effective, which does not conform with the provisions hereof shall
not be structurally altered and all such nonconforming advertising
signs, billboards, commercial advertising structures and statuary,
and their supporting members shall be completely removed from the
premises not later than three (3) years after November 5, 1981.
E. Building Vacancy. A nonconforming building, structure,
or portion thereof, which is or hereafter becomes vacant and remains
unoccupied for a continuous period of one (1) year shall not thereafter
be occupied except by a use which conforms to the use regulations
of the district in which it is located.
F. Change In Use.
1.
A nonconforming use of a conforming building or structure (i.e.,
commercial use in a dwelling, etc.) shall not be expanded or extended
into any other portion of such conforming building or structure nor
changed except to a conforming use. If such a nonconforming use of
a portion thereof is discontinued or changed to a conforming use,
any further use of such building, structure, or portion thereof shall
be in conformity with the regulations of the district in which such
building or structure is located. A vacant or partially vacant nonconforming
building or structure may be occupied by a use for which the building
or structure was designed or intended if occupied within a period
of one (1) year after November 5, 1981.
2.
The use of a nonconforming building or structure may be changed
to a use of the same or a more restricted district classification;
but where the use of a nonconforming building or structure is changed
to a use of a more restricted district classification, it thereafter
shall not be changed to a use of a less restricted district classification.
[R.O. 2003 §400.350; Ord. No. 392 Art. V §2, 11-5-1981]
A. A nonconforming use of land, where the aggregate value of all permanent
buildings or structures is less than one thousand dollars ($1,000.00),
existing on or before November 5, 1981, may be continued for a period
of not more than three (3) years therefrom, provided:
1.
Said nonconforming use may not be extended or expanded.
2.
If said nonconforming use or any portion thereof is discontinued
for a period of one (1) month, or changed, any future use of such
land, or change in use, shall be in conformity with the provisions
of the district in which said land is located.
B. A nonconforming use of land, where the use consists of a mobile home,
existing on or before November 5, 1981, not located in a mobile home
park, may be continued for a period of not more than five (5) years
therefrom, provided:
1.
Said nonconforming use may not be extended or expanded.
2.
If said nonconforming use or any portion thereof is discontinued
or removed for a period of one (1) month, or changed, any future use
of such land, or change in use, shall be in conformity with the provisions
of the district in which said land is located.