1. Any otherwise lawful use of land or structure existing at the time of adoption of this ordinance may be continued, maintained, and repaired except as otherwise provided.
2. Maintenance, repairs, and structural alterations may be permitted to be made to nonconforming structures or to a building housing a nonconforming use with approved permits.

(Ord. No. 560, § 153.103(A), 4-5-2016)

Except as otherwise required by law, a structure or use legally established prior to the adoption date of the ordinance from which this article is derived may be maintained unchanged. In other than criminal proceedings, the owner, occupant, or user shall have the burden to show that the structure, lot, or use was lawfully established.

(Ord. No. 560, § 153.103(B), 4-5-2016)

Where there are existing recorded lots in the City which do not meet minimum lot size requirements including lot area, lot width and lot length, and are under separate ownership, residential buildings may be constructed as long as side yards setbacks are not less than five feet (5’) wide and the rear yard setback is not less than fifteen feet (15’) deep. Front yard setback requirements must be met. However, no recorded lot shall be divided into two (2) or more lots unless the resulting lots conform to all current size regulations of the zoning district in which the lot is located.

(Ord. No. 560, § 153.103(C), 4-5-2016)

Except as hereinafter provided, a nonconforming use or noncomplying structure that has been abandoned or discontinued for more than one year (365 days)), shall not hereafter be reestablished.

(Ord. No. 560, § 153.103(D), 4-5-2016)

The right to operate and maintain any nonconforming use shall terminate whenever the structure or structures in which the nonconforming use is operated and maintained are damaged, destroyed, or become obsolete or substandard beyond the limits hereinafter established for the termination of nonconforming structures.

(Ord. No. 560, § 153.103(E), 4-5-2016)

Except as provided, any nonconforming use shall not be enlarged or extended. A nonconforming structure in which only permitted uses are operated may be enlarged or extended with approved permits if the enlargement or extension can be made in compliance with all of the provisions of this article established for structures in the zoning district in which the nonconforming structure is located.

(Ord. No. 560, § 153.103(F), 4-5-2016)

A nonconforming structure damaged in any manner and from any cause whatsoever to the extent of not more than fifty (50) percent of its replacement cost may be restored, provided restoration is completed within one (1) year of the date of damage.

(Ord. No. 560, § 153.103(G), 4-5-2016)

A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.

(Ord. No. 560, § 153.103(H), 4-5-2016)

All additions to nonconforming structures and parking areas shall conform to the requirements of this article. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.

(Ord. No. 560, § 153.103(I), 4-5-2016)

Platted parcels of land in existence prior to January 1, 2016, will be grandfathered in, for the purpose of replacing or upgrading an existing manufactured home located on the parcel of land. Residents are encouraged to install a newer manufactured home. However, the grandfather clause does permit existing manufactured homes to be removed and replaced on parcels as described above. Replacement homes shall be twenty (20) or fewer years of age and may not be less than the sixteen (16) feet in width. The structure shall be intended to be a single-family dwelling, designed to be a permanent residence, that is manufactured after January 1, 1994, and meets or exceeds the 1994 Federal Manufactured Home Construction and Safety Act (42 USC 5401 and 24 CFR 3280).

(Ord. No. 560, § 153.103(J), 4-5-2016)