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Lisbon City Zoning Code

CHAPTER 1176

Nonconforming Uses

1176.01 LAWFUL NONCONFORMITY.

   Any lawful use of buildings or land existing on the effective date of this Zoning Code may be continued, even though such use does not conform to the provisions of this Zoning Code. The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use. No nonconforming building or structure shall be moved, extended, enlarged or altered, and no nonconforming use of land shall be expanded, except when authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1164.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.02 NONCONFORMITY DUE TO AMENDMENTS.

   Whenever the use of a building or land becomes nonconforming through a change in this Zoning Code or in the district boundaries, such use may be continued.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.03 DISCONTINUED USES.

   (a)   A nonconforming use which is discontinued for a year or more shall not again be used except in conformity with the provisions of this Zoning Code.
   (b)   A nonconforming use which is discontinued for less than a year may again be used as a conforming use or another nonconforming use of the same or of a more restricted classification, provided that any nonconforming use shall otherwise be in conformity with the provisions of this Zoning Code. Exception for manufactured homes, see Section 1176.05.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1679. Passed 11-27-2001; Am. Ord. 1905. Passed 12-13-11.)

1176.04 RESTORATION OF DAMAGED STRUCTURES.

   A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty percent or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged to the extent of less than sixty percent of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of damage, provided that such repairs or reconstruction are started within one year of the date of such damage. A nonconforming use which exists in an isolated location in an A-1 District shall be exempt from the restoration restrictions of this section. This section shall not apply to historic homes.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.05 MANUFACTURED HOMES.

   Nonconforming manufactured homes located on a lot in any district, other than in an established mobile home park in an R-3 District, once removed, shall not be located on such lot unless the unit was traded-in for another unit. In this instance, the replacement shall be on site within thirty days of the removal of the previous unit.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.06 CONDITIONAL USES NOT TO BE CONSIDERED NONCONFORMING.

   It is not the intention of this chapter to classify as nonconforming a use or building allowed in a district as a conditional use under the regulations of this Zoning Code. (Refer to Definitions, Section 1160.07).
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.07 INCOMPLETE BUILDINGS.

   Any building arranged, intended or designed for a nonconforming use, the construction of which has been started at the time of the passage of this Zoning Code but not completed, may be completed and put into such nonconforming use, provided it is done within one year after this Zoning Code takes effect.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

1176.08 ZONING CERTIFICATES FOR NONCONFORMING USES.

   A zoning certificate shall be required for all lawful nonconforming uses of land and buildings created by the adoption of this Zoning Code in accordance with the provisions of Section 1162.06.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)