Kirtland Hills City Zoning Code
CHAPTER 1157
Nonconforming Uses and Structures
1157.01 NONCONFORMING USES.
Where at the time of passage of this Zoning Ordinance or any amendments thereto lawful use of land and/or structures exists which would not be permitted by this Ordinance, the use may be continued so long as it remains otherwise lawful, provided:
(a) 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 this Ordinance;
(b) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Ordinance;
(c) No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use;
(d) No structure shall be altered or enlarged for the purpose of accommodating such nonconforming use, however, any nonconforming use may be extended throughout parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance;
(e) When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed;
(f) If any such nonconforming use ceases for any reason for a period of more than twelve months, any subsequent use shall conform to the regulations specified by this Ordinance for the district in which such land is located;
(g) Removal or destruction of the structure occupied by such nonconforming use shall eliminate the nonconforming status. Destruction for the purpose of this section is defined as damage to an extent of more than fifty percent (50%) of the replacement cost. No nonconforming use shall be established after said destruction or removal.
(Ord. 3-89-05. Passed 3-1-89.)
1157.02 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on size, height, yards, setbacks, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any such structure may be altered to decrease its nonconformity;
(b) Should such nonconforming structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this Ordinance;
(c) If a nonconforming structures becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe 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.
(Ord. 3-89-05. Passed 3-1-89.)