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Lincoln Heights City Zoning Code

NONCONFORMING BUILDINGS

USES, AND LOTS

§ 153.170 CONTINUATION.

   Any lawful building or other structure, or any lawful use of a building or other structure or land, existing on the effective date of this chapter, which does not conform with the provisions of this chapter, shall be considered a lawful nonconforming building, structure or use, and may be continued, except as otherwise herein provided.
(1995 Code, § 153.170) (Ord. 68-15, passed 8-22-1968)

§ 153.171 EXTENSION.

   Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made, may be extended or enlarged on the lot occupied by such building that is held in single and separate ownership on the effective date of this chapter, provided that the area of such buildings shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building on which a lawful nonconforming use is made, and provided further that any structural alteration, extension, or addition, shall conform with all height, area, width, yard, and coverage requirements, for the district in which it is located.
(1995 Code, § 153.171) (Ord. 68-15, passed 8-22-1968)

§ 153.172 CHANGE.

   Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change except to a conforming use, and for such purpose, a building may be extended.
(1995 Code, § 153.172) (Ord. 68-15, passed 8-22-1968)

§ 153.173 RESTORATION.

   Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, to an extent of not more than 75% of its fair market value, may be reconstructed in the same location, provided that:
   (A)   The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure except as provided in § 153.171, herein; and
   (B)   Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
(1995 Code, § 153.173) (Ord. 68-15, passed 8-22-1968)

§ 153.174 ABANDONMENT.

   If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of two years or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of two years or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
(1995 Code, § 153.174) (Ord. 68-15, passed 8-22-1968)

§ 153.175 NONCONFORMING SIGNS.

   Every lawful nonconforming sign shall be discontinued and removed, or changed to a conforming sign, within a period of two years from the effective date of this chapter, provided that signs which, at the effective date of this chapter, are maintained in connection with and on the same lot as a lawful nonconforming use and may be maintained or repaired, or replaced with signs similar in size and character so long as such lawful nonconforming use continues, and may not be enlarged or otherwise altered (nor may the illumination or lack of illumination thereof be changed) except in accordance with the regulations applicable to the district in which this lot is located.
(1995 Code, § 153.175) (Ord. 68-15, passed 8-22-1968)

§ 153.176 NONCONFORMING TO AREA AND WIDTH REGULATIONS; UNUSUAL DIMENSIONS.

   (A)   When authorized as a special exception, a building may be erected or altered on any lot held in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated.
   (B)   Where two or more contiguous undeveloped lots are held in single ownership, within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, no special exception shall be required for the issuance of building permits provided that such lots shall be developed in groups or fractions thereof, as single lots, to provide the minimum lot frontage required for each structure.
(1995 Code, § 153.176) (Ord. 68-15, passed 8-22-1968)

§ 153.177 SUBDIVISIONS PREVIOUSLY APPROVED.

   In the case of a plot of land, a plan for the subdivision of which into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this chapter, been duly approved and recorded as required by law, which plan does not make provisions for full adherence to the regulations of this chapter governing minimum lot areas or widths, front, side or rear yards, or building coverage, but was in conformity with such regulations as were effective at the time such plan was approved and recorded, the development and sale contemplated by the plan may be proceeded with when authorized as a special exception. The Zoning Board of Appeals shall have power to grant a variance with respect to the whole of such plot of land or any portion thereof.
(1995 Code, § 153.177) (Ord. 68-15, passed 8-22-1968)