Within the Districts established by this Ordinance or amendments that may later be adopted there exist:

   A.   Nonconforming Lots;

   B.   Nonconforming Structures;

   C.   Nonconforming Uses of land;

   D.   Nonconforming Uses of land and Structures in combination; and

   E.   Nonconforming Characteristics of Use; which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance* or future amendments thereto. “Nonconforming” shall include in its definition any legal use, Structure, or parcel of land already in existence, recorded, or authorized before the effective date* of this Zoning Ordinance* or any amendment hereto, that would not have been permitted to become established under the terms of this Zoning Ordinance as now written, if the Ordinance had been in effect at the time of the establishment of the use. It is the intent of this Article to regulate nonconformities and to provide for their gradual elimination.

Nonconformities are declared by this Ordinance to be incompatible with permitted uses in the District in which such use is located. However, any nonconformity, including the lawful use or occupation of land or structures existing as of the effective date* of this Zoning Ordinance or any amendments hereto, may be continued subject to the other provisions of this Article.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any Building or development on which actual construction was lawfully begun prior to the effective date* of adoption or amendment of this Ordinance and upon which actual Building construction has been carried on diligently. Where demolition or removal of an existing Building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently. Actual construction is hereby defined as work done which is beyond the preparation state where the changes or additions are made permanent.

In any District in which single-family Dwellings are permitted, a single-family Dwelling, expansion of a single-family Dwelling up to 50% of the area of such Dwelling, and Accessory Buildings may be erected on any single Lot of record as of July 25, 1979, notwithstanding limitations imposed by other provisions of this Ordinance if such Lot was the result of an approved Subdivision under prior Ordinance or law. This provision shall apply even though such Lot fails to meet the requirements for Lot Area or Lot Width, or both, that are generally applicable in the District provided that Buildable Area dimensions and requirements other than those applying to area or width, or both, of the Lot and Driveway dimensions shall conform to the regulations for the District in which such Lot is located. A single, nonconforming Lot which has no Frontage on a Public Road or Street, may obtain a Zoning Permit and a Building Permit for a Single Family Dwelling and Accessory Buildings if all of the following conditions are met:

   A.   The Lot must have been solely and separately described in an instrument of conveyance recorded on or before July 25, 1979;

   B.   By title examination, it must be shown that the title to the Lot has an exclusive appurtenant Easement, not less than 66.0 feet in width, connecting the Lot to a Public Road;

   C.   The appurtenant Easement shall provide access to only one Lot; and,

   D.   The owner shall maintain a serviceable Driveway within the Easement area, consisting of an elevated and well-drained road top, not less 12.0 feet wide, constructed of Class V aggregate (and preferably finished with bituminous surface). The Building Inspector shall withhold issuance of a Certificate of Occupancy until the Driveway has been constructed to these standards.

Variances from requirements of this Chapter other than Lot Area or Lot Width shall be obtained only through action of the Board of Adjustments and Appeals as provided in §§ 7A-540 through 7A-549.

Where, at the time of adoption of or amendment to this Ordinance*, lawful uses of land exist which would not be permitted by the regulation imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

   A.   No such Nonconforming Uses shall be removed in whole or in part to any portion of the Lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Ordinance;

   B.   If any such Nonconforming Uses of land are discontinued or abandoned for more than one (1) year (except when government action impedes access to the Premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the District in which such land is located;

   C.   No such Nonconforming Use shall be transferable.

Where a lawful Structure exists at the effective date* of adoption or amendment of this Ordinance that could not be built by reason of restrictions on area, Lot Coverage, height, Yards, its location on the Lot, bulk, or other requirements concerning the Structure, such Structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Destruction of or Damage to the Structure.

      1.   Should such nonconforming Structure or nonconforming portion of Structure be totally destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

      2.   Should any nonconforming Structure or nonconforming portion of a Structure be damaged by any means (e.g., fire, windstorm, flood) to an extent that repair and restoration costs equal or exceed 50% of the assessed value of the Structure (for real estate tax purposes according to the records of the County Assessor) at the time of said damage, then such Structure shall not be repaired, restored, or reconstructed, except in conformity with the provisions of this Ordinance.

      3.   Should any nonconforming Structure or nonconforming portion of a Structure be damaged by any means (e.g., fire, windstorm, flood) to an extent that repair and restoration costs are less than 50% of the assessed value of the Structure (for real estate tax purposes according to the records of the County Assessor), then the Structure may be reconstructed or restored to its predamaged, nonconforming configuration, provided all of the following conditions are met:

         a.   All reconstruction, restoration, and repair work must be completed and given final inspection by the Building Inspector within one (1) year from the date the damage occurred, or else the Structure will lose its status as a legal, nonconforming Structure;

         b.   The cubic volume of the Structure and the square footage of floor space shall not be increased from the predamaged sizes;

         c.   Bearing walls shall be reconstructed in their original locations, unless the current Building Code requires a safer placement of bearing walls;

         d.   All reconstruction, restoration, and repair work shall be done according to the current Building Code, Fire Code, Life Safety Code, and other applicable codes adopted elsewhere in this City Code, meaning that, in some cases, restoration of the damaged portions may require rewiring of the entire Structure to conform to the State Electrical Code, or that restoration of an exterior wall may require installation of a larger window or installation of a door where one did not exist before in order to comply with the Life Safety Code or Fire Code; and,

         e.   The architectural style of the reconstruction shall match, as closely as possible, that of the nondamaged portion of the Structure.

   B.   Movement of the Structure. Should such Structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for this District in which it is located after it is moved.

If a lawful use involving individual Structures, or of a Structure and land in combination, exists at the effective date* of adoption or amendment of this Ordinance that would not be allowed in the District under the terms of this Ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   If no structural Alterations are made, any Nonconforming Use of a Structure or Structure and land, may, upon appeal to the Board of Adjustments and Appeals, be changed to another Nonconforming Use provided that the Board of Adjustments and Appeals shall find that the proposed use is equally appropriate or more appropriate to the District than the existing Nonconforming Use. In permitting such change, the Board of Adjustments and Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Ordinance;

   B.   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 District, and the Nonconforming Use may not thereafter be resumed;

   C.   When a Nonconforming Use of a Structure, or Structure and land in combination, is discontinued or abandoned for more than one (1) year (except when government action impedes access to the Premises), the Structure, or Structure and land in combination, shall not thereafter be used except in conformity with the regulations of the District in which it is located;

   D.   Where Nonconforming Use status applies to a Structure and land in combination, removal or destruction of the Structure shall eliminate the nonconforming status of the land.

On any nonconforming Structure or portion of a Structure containing a Nonconforming Use, work may be done in any period of twelve (12) consecutive months on ordinary repairs to an extent not exceeding fifty percent (50%) of the current assessed value of the Structure (for real estate tax purposes according to the records of the County Assessor), provided that the cubic volume and square footage of floor space existing when it became nonconforming shall not be increased. “Ordinary repairs” as used in this Article is defined to mean those repairs necessary to restore, replace, or repair components of a Structure which have become aged, worn, or unserviceable through usage and/or the passage of time; “ordinary repairs” does not include repair of damages as discussed at § 7A-450.A, above. If a nonconforming Structure or portion of a Structure containing a Nonconforming Use becomes physically dangerous, unsafe, unfit for human occupancy, or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the District in which it is located. (See the “Columbus Housing Code” at Chapter 16A of this City Code, and see the “Dangerous Buildings Code” at Chapter 16B of this City Code.)

Any use which is permitted as a Conditional Use in a District under the terms of this Ordinance (other than a change through Board of Zoning Appeals action from a Nonconforming Use to another use not generally permitted in the District) shall not be deemed a Nonconforming Use, in such District but shall without further action be considered a conforming use.

The City Council may approve, modify and approve, or deny nonconforming use expansion for nonresidential uses through the conditional use permit (CUP) and planned unit development process outlined in Section 7A-819. The application for a CUP shall include the petition, a site plan meeting the requirements of Section 7A-512, floor plans, and any other information as require by the Zoning Administrator. To ensure the public welfare is served, the Council may attach conditions to the CUP including, but not limited to, conditions concerning appearance, sign, off-street parking or loading, lighting, hours of operation, or performance characteristics, such as noise, vibration, glare, dust, or smoke.

Expansion of nonconforming use. The City Council may permit expansion of a legal nonconforming use if the City Council makes the following findings, in addition to the findings required under the standard CUP conditions:

   (1)   For expansion of a structure, the structure is not used, designed or intended to be used as a dwelling unit and expansion will meet the yard, height and percentage of lot coverage requirements of the district;

   (2)   The appearance of the expansion will be compatible with the adjacent property and neighborhood;

   (3)   After the expansion, the use will not result in an increase in noise, vibration, glare, dust, or smoke; be detrimental to the existing character of development in the immediate neighborhood; or endanger the public health, safety, or general welfare; and

   (4)   The proposed use is consistent with the comprehensive plan.