(a)

Within the districts established by this chapter or amendments that may later be adopted there exists lots, structures, other improvements and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved and provide specific standards for their gradual elimination. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(c)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building properly approved on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which a valid building permit is in effect.

(Ord. No. 2025-01, 1-13-2025)

In any zoning district any principal and customary accessory building may be erected on any single lot of record that exists at the time of the effective date of adoption or amendment of the ordinance from which this chapter is derived but does not meet the required area or width requirements, provided, however, that all other lot requirements, including required setbacks, are met.

(Ord. No. 2025-01, 1-13-2025)

Where, at the effective date of adoption or amendment of the ordinance from which this article is derived, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

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 the ordinance from which this chapter is derived. This prohibited enlargement includes attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If such nonconforming use of land ceases for a period of more than 12 months, the zoning administrator shall request a determination by the ZBA to determine if the use has been abandoned. If it is determined that the nonconforming use has been abandoned, then any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which the land is located.

(4)

If no structural alterations are made, any nonconforming use of land, may be changed to another nonconforming use provided that the ZBA, based on the standards in section 153.910, shall find that the proposed use is not more nonconforming than the existing nonconforming use. In permitting such change, the ZBA may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. See section 153.1010.

(Ord. No. 2025-01, 1-13-2025)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged, reconstructed or altered in a way which increases its nonconformity. This shall include enlarging or altering both nonconforming area and volume.

(2)

Should such structure be destroyed by any means to an extent of more than 60 percent of the value of the structure, as determined by calculating a value which is twice the structure's state equalized value, it shall not be reconstructed unless it conforms with this chapter. In an area zoned as R-1, where the lot frontage is less than 75 feet and a nonconforming structure has sustained damage in excess of 60 percent of the building value for rebuilding a nonconforming structure, rebuilding of a nonconforming single-family residence is authorized, provided the construction begins not later than six months after the date of loss, is completed within one year from the date of loss, and the vertical and horizontal foot print is not expanded beyond the structure damaged in the loss.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is moved.

(Ord. No. 2025-01, 1-13-2025)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of the ordinance from which this article is derived, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. This prohibited enlargement would include attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the ZBA, based on the standards in section 153.910, shall find that the proposed use is not more nonconforming than the existing nonconforming use. In permitting such change, the ZBA may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter.

(4)

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

(5)

When a nonconforming use of a structure, or structure and premises in combination, ceases for a period of more than 12 months, the zoning administrator shall request a determination by the ZBA to determine if the use has been abandoned. If it is determined that the nonconforming use has been abandoned, then the structure of structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate its nonconforming status.

(Ord. No. 2025-01, 1-13-2025)

(a)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 50 percent of the market value of the building, as determined by calculating twice the structure's state equalized value, provided that the cubic content of the buildings as it existed at the time of passage or amendment of the ordinance from which this article is derived shall not be increased.

(b)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. No. 2025-01, 1-13-2025)

If a special use permit is issued as provided in this chapter, the use shall not be deemed a nonconforming use, but shall be deemed a conforming use. A use established legally without special use permit approval which now requires a special use permit due to a text change or rezoning is a nonconforming use until it receives special use permit approval.

(Ord. No. 2025-01, 1-13-2025)

There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such nonconforming uses. Change in tenancy, ownership or management shall not remove nonconforming status.

(Ord. No. 2025-01, 1-13-2025)

If the zoning administrator identifies a legal nonconforming use that they believe has been abandoned, they shall submit the property to the ZBA for a determination of abandonment. The ZBA shall hold a public hearing, following notice as outline in section 153.1208 of this chapter. The ZBA shall determine whether or not intent to abandon the nonconforming use was demonstrated based on a preponderance of the following factors:

(1)

Reports such as from the building inspection or health department indicating the property is or has not been suitable for occupation.

(2)

Disconnection of utilities.

(3)

Evidence that the use was relocated to a new site.

(4)

Evidence of a "going out of business" sale.

(5)

Signs advertising the business has been removed.

(6)

The use has been discontinued for one year, except where government action such as road construction has prevented access to the premises, or where a clear intent to discontinue has not been demonstrated.

(7)

Removal of the equipment or fixtures necessary for the operation of the nonconforming use.

(8)

Request by the property owner for changes in their property tax designation inconsistent with the nonconforming use.

(9)

Other actions by the property owner or lessee that demonstrates an intent to abandon the nonconforming use.

(Ord. No. 2025-01, 1-13-2025)

A property owner may request approval from the zoning board of appeals to change a nonconforming use to another nonconforming use by submitting an application to the zoning administrator. The zoning board of appeals shall hold a public hearing following notice as outlined in section 153.1208 of this chapter. The zoning board of appeals shall approve the request if it determines that the proposed use is not more nonconforming than the current use based on the following factors:

(1)

The proposed use is permitted in the same zoning districts as the previous use in the same manner. For example, if the former use is permitted by-right in the industrial zoning district, the new proposed use must also be permitted by right.

(2)

The anticipated off-site impact of the proposed use due to traffic, hours of operation, and generation of noise, dust or odors or general intensity is the same or less than the previous use.

(Ord. No. 2025-01, 1-13-2025)

Specific improvements not otherwise addressed in this article shall be addressed as follows:

(1)

Nonconforming landscaping and other improvements regulated in article 8 shall be required to be brought into compliance when changes require site plan review.

(2)

Nonconforming parking lots that are nonconforming due to the size or dimensions of spaces or the dimensions of access aisles shall be brought into compliance with whenever the number of spaces is increased, or the spaces are restriped.

(3)

Nonconforming site lighting that is nonconforming due to the height of light poles, the lack of shielding or other lighting requirements shall be brought into compliance with this chapter whenever the lighting fixture or mountings are modified or replaced.

(Ord. No. 2025-01, 1-13-2025)