Within the districts established by this Zoning Code, or amendments thereto which may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Code was enacted or amended, but which would be prohibited, regulated, or restricted under the provisions of this Zoning Code or of future amendments. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed. It is further the intent of this Zoning Code that nonconformities shall not be encouraged to expand without restriction, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Prior code § 153.255; Ord. 322-1976)

Nonconforming uses are declared by this Zoning Code to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged in any way, including attachment to a building or premises of signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located, except as hereafter provided in this chapter.

(Prior code § 153.256; Ord. 322-1976)

A.

To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction, or designated use of any structure, including a sign, for which a building permit was lawfully applied for prior to the effective date of this Zoning Code or an amendment thereof and on which actual construction has been carried on and completed within two years of such effective date.

B.

To avoid undue hardship, nothing in this Zoning Code shall prevent the restoration of a structure wholly or partly destroyed by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of this Zoning Code or an amendment thereof, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction, or prevent a change or expansion of such existing use as provided in this chapter.

C.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.

D.

Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any wall, building, or part thereof declared to be unsafe by the Superintendent of Building Inspection.

(Prior code § 153.257; Ord. 322-1976)

Where, at the time of the adoption or amendment of this Zoning Code, lawful uses of buildings, structures, land, and premises exist which would not be permitted under the subdivision of uses imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided that:

A.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.

B.

No such nonconforming use structure shall be enlarged or altered in a way which increases or maintains its nonconformity except as provided in Section 153.404, but any structure or portion thereof may be altered to decrease or eliminate its nonconformity. No additional structure not conforming to the requirements of this Zoning Code or an amendment thereof shall be erected in connection with a nonconforming use of land, except as provided in Section 153.404.

C.

A building, structure, or premises devoted to a nonconforming use, if changed to a use included in the subdivision of uses for the district in which it is located, shall not thereafter be used except in conformity with the subdivision of uses. A nonconforming use may be arranged to another nonconforming use only if such use is included in the subdivision of uses for the district in which the nonconforming use is included, or a district that precedes, in Section 153.225, the subdivision in which the nonconforming use is included.

D.

When a nonconforming use of a structure or premises other than a sexually oriented business use, is voluntarily discontinued or abandoned for more than two years, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.

E.

Any sexually oriented business lawfully operating on the effective date of Section 153.299 of this code that is in violation of Section 153.299 of this code shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public park or library within one thousand feet, or a residential district within five hundred feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located. Penalty, see § 153.199.

(Prior code § 153.258; Ord. 184-1996; Ord. 511-1982; Ord. 322-1976)

Where, at the time of the adoption or amendment of this Zoning Code, lawful uses of buildings, structures, land, and premises exist which are included in the subdivision of uses for the district in which they are located, but which could not be permitted under the provisions of this Zoning Code by reason of restrictions on open space, lot coverage, height, yards, parking, location on the lot, or other development requirements, such uses may be continued so long as they remain otherwise lawful, provided that:

A.

The lot on which such nonconforming development is located shall not be enlarged unless the additional development on such land conforms to the regulations for the district in which it is located.

B.

1.

No nonconforming portion of a building or structure shall be reconstructed or structurally altered during any ten-year period to an extent exceeding in cost sixty percent of the value at which the building or structure stands on the tax duplicate, or in any one-year period to an extent exceeding thirty percent of such value, unless such reconstruction or alteration reduces the extent of the nonconforming development.

2.

These cost limitations may be appealed to the Board of Zoning Appeals under Section 153.404(C). Penalty, see § 153.199.

(Prior code § 153.259; Ord. 322-1976)

The following provisions apply to a nonconforming use in a Class UFP District and supersede any contrary provisions in this Zoning Code:

A.

No extension or expansion of a nonconforming use shall be permitted.

B.

No reconstruction or alteration of a building or structure incident to a nonconforming use shall be permitted, except to reduce its nonconformity.

C.

No structure or building that is razed or dismantled or destroyed by fire, flood, act of God, or other cause of any kind shall be permitted to be replaced.

D.

No building or premises where a nonconforming use is voluntarily discontinued for a period of six months or more, or is superseded by a Class UFP use, shall again be devoted to any non-class UFP use.

E.

Section 153.404(C) and (D) shall in no way be construed to vary the provisions of this section. Penalty, see § 153.199.

(Prior code § 153.260; Ord. 322-1976)