Heath City Zoning Code
CHAPTER 1153
Nonconforming Uses
1153.01 EXISTING; CONTINUATION.
Except as hereinafter specified, the lawful use of a building or premises existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building or structure does not conform with the provisions of this Zoning Ordinance for the district in which it is located.
(Ord. 21-67. Passed 12-4-67.)
1153.02 ENLARGEMENT; SUBSTITUTION; ALTERATION.
No existing building or premises devoted to a use not permitted by this Zoning Ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:
(a) Substitution. When authorized by the Board, in accordance with the provisions of Chapter 1127
, the substitution for a nonconforming use of another not more objectionable nonconforming use.
(b) Nonconforming Use Made to Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 21-67. Passed 12-4-67.)
1153.03 DISCONTINUANCE.
No building, structure or premises where a nonconforming use has been discontinued for a period of twenty-four months or more shall again be put to a nonconforming use.
(Ord. 21-67. Passed 12-4-67.)
1153.04 PERFORMANCE STANDARDS.
All uses nonconforming at the time of adoption of this Zoning Ordinance, by reason of noncompliance with the provisions of Chapter 1181, if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three years of the adoption of this Zoning Ordinance.
(Ord. 21-67. Passed 12-4-67.)
1153.05 REPAIRS AND ALTERATIONS.
Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided the total structure repairs and alterations shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed sixty percent (60%) of the assessed value of the building or structure for tax purposes at such date, unless such building or structure is permanently changed to a conforming use.
(Ord. 21-67. Passed 12-4-67.)
1153.06 ESSENTIAL SERVICES.
Essential services as defined in this Zoning Ordinance, shall be exempt from the provisions of Section 1153.05.
(Ord. 21-67. Passed 12-4-67.)