Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:

      (1)   If no structural alterations are made that increase the nonconformity, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted use, as determined by the Planning Commission. Such determination shall be made at a public hearing held in the same manner as a conditional use (see § 1214.03: Conditional Uses), including notice, but the conditional use review criteria of § 1214.03(d) shall not apply. At the hearing, the Planning Commission shall make a determination if the proposed use, which must be a permitted use in the applicable zoning district, is similar in nature and intensity, or is a more restricted use, allowable as a change or substitution under this section.

      (2)   Whenever a nonconforming use is changed to a less intensive nonconforming use, such use shall not thereafter be changed to a more intensive nonconforming use.

      (3)   Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the applicable zoning district in which such structure is located, and the nonconforming use may not thereafter be resumed.

      (1)   Notwithstanding the foregoing provisions to the contrary, a structure containing a nonconforming residential use (not including mixed use buildings) may be increased or improved, regardless of the applicable zoning district, provided the structure continues thereafter to be used for residential purposes only and meets all required setbacks.

      (2)   Notwithstanding the foregoing provisions to the contrary, a structure containing a nonconforming, nonresidential use, may be increased or improved, regardless of the applicable zoning district, where the owner of such use can demonstrate through application to the Planning Commission (in the same manner as division (d) of this section) that the manner in which the useable area of the nonconforming use will be increased or improved will have minimal adverse impact upon adjacent properties and other permitted land uses in the surrounding neighborhood or can be made compatible with the adjacent properties and the uses in the surrounding neighborhood upon compliance with specified conditions.

      (3)   Factors that may be considered in determining an adverse impact include, but are not limited to:

         A.   Noise, odor and/or vibrations;

         B.   Traffic;

         C.   Visual impacts;

         D.   Access to light and air from adjoining properties;

         E.   Existence of screening;

         F.   The hours of operation;

         G.   The effect on the access to the property by fire, police or other public services; and

         H.   The predominant or prevailing land use, building and structure patterns of the surrounding neighborhoods.

      (4)   Variances to expand a nonconforming use into a required setback or to otherwise vary a regulation that applies to the subject site shall be prohibited.

         A.   When any nonconforming use is discontinued or abandoned for more than six months in residential zoning districts and one year in nonresidential zoning districts, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.

         B.   There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original floor plan and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.

         A.   If a nonconforming single-family dwelling use, in any district, is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided it meets the same size in height and footprint, as well as complying with the same setbacks as previously existed.

         B.   If any nonconforming use, other than a single-family dwelling, is damaged, but not to an extent greater than 50% of the principal structure’s market value according to the Lorain County Auditor, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a zoning permit, which must be issued within six months of the damage or the use shall not be reestablished.

         C.   If any nonconforming use, other than a single-family dwelling, is damaged beyond 50% of the principal structure’s market value according to the Lorain County Auditor, such structure and use may only be reestablished with approval by the Planning Commission after consideration of surrounding uses and the impact of the nonconforming use.

         D.   If the city and the owner cannot agree as to the market value of the building or structure, the market value shall be determined by a panel of three appraisers, one of which is selected by the city, one by the owner and, the third by agreement of the other two appraisers.

(Ord. 21-161, passed 12-13-2021)

   A nonconforming structure or site may continue to be used or occupied by a use permitted in the applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions.

   (a)   Any nonconforming structure or site may be enlarged, maintained, repaired or altered provided, however, no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site, unless otherwise specified in this code.

   (b)   A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.

   (c)   The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.

   (d)   The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district shall not render a structure nonconforming.

   (e)   Damage or destruction of a nonconforming structure containing a conforming use.

      (1)   If a nonconforming structure is damaged, but not to an extent greater than 50% of the structure’s reproduction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a zoning permit within one year of the initial damage. If an owner rebuilds a legally nonconforming structure under this provision, they may expand the structure provided any expansion or change does not increase the nonconformity that existed prior to the damage.

      (2)   If a nonconforming structure is damaged beyond 50% of the structure’s reproduction value, such structure shall only be rebuilt in compliance with the requirements of this code. Such reconstruction shall require the application and issuance of all necessary zoning and building permits.

      (3)   If the owner voluntarily removes the structure or reduces the nonconformity, that has not been damaged or destroyed, that owner shall not be permitted to rebuild the structure to the original height, size or setback.

      (4)   The determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the city and the third to be selected by the mutual consent of the two parties.

(Ord. 21-161, passed 12-13-2021)

   (a)   In any R-1A, R-1B, R-1C or R-1D zoning district, a single-family dwelling and customary accessory uses may be erected on any single lot of record that was legally created on or before the effective date of this code, or as amended, notwithstanding limitations imposed by other provisions of this code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. Such lot shall also have frontage on a public street or on a private street in an approved subdivision. These provisions shall apply even though such lot fails to meet the requirements for area or width, or both, generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. A request to vary the site development standards shall only be allowed through the issuance of a variance.

   (b)   Vacant single nonconforming lot of record on improved street: when a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area and/or lot width set forth in the district regulations and that the lot is located on a street in an existing platted subdivision where all improvements on the street have been completed and accepted by the city as of January 1, 2004, then the lot may be used as proposed just as if it were conforming, provided each of the following lot conditions are met:

      (1)   Identified with a separate permanent parcel number as of January 1, 2004;

      (2)   Has never been combined with another lot;

      (3)   Has a minimum street frontage of 35 feet;

      (4)   Does not contain any primary or accessory structure as of January 1, 2004; and

      (5)   Is not in an R-1A zoning district.

   (c)   Vacant single nonconforming lot of record on unimproved street: when a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum lot area and/or lot width set forth in the district regulations and that the lot is located on a street in an existing platted subdivision where no improvements on the street have been completed and/or accepted by the city as of January 1, 2004, then the lot may be used as proposed just as if it were conforming, provided each of the following lot conditions are met:

      (1)   The lot was of record on or before September 14, 1953 and the owner thereof at that time did not own any adjoining lot;

      (2)   No adjoining lot or adjoining parcel of land with continuous frontage was in the same ownership on the effective date of this code, being Ordinance 52-99, passed 3-22-1999;

      (3)   No adjoining lot or adjoining parcel of land with continuous frontage is in the same ownership as a result of acquisition after the effective date of this revision of Ordinance 52-99, passed 3-22-1999; and

      (4)   Is not in an R-1A, R-1B, R-1C, or R-1D Zoning District.

   (d)   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this code, and if all or part of the lots do not meet the requirements established for lot frontage and area, the lands involved shall be considered to be an undivided parcel for purposes of this code and shall be legally combined prior to the issuance of any permits in accordance with the zoning lot provisions of § 1226.01(b)(2). No portion of such parcel shall be used or sold in a manner which diminishes compliance with lot frontage and area requirements established by this code, nor shall any division of any parcel be made which creates a lot frontage or area below the requirements stated in this code.

(Ord. 21-161, passed 12-13-2021)

   (a)   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 nonbearing walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed, when it became nonconforming, shall not be increased unless in accordance with this chapter.

   (b)   Nothing in this section shall be deemed to prevent the strengthening or restoring to safe condition of any building, or part thereof, declared to be unsafe by any official charged with protecting the public safety, including, but not limited to the Code Administrator or building inspector, upon order of such official. Where appropriate, a building permit for such activities shall be required.

(Ord. 21-161, passed 12-13-2021)