(a)   The purpose of this chapter is to recognize the existence of lots, uses, structures and structures that lawfully existed at the time enactment of this Zoning Code, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Zoning Code. Nonconforming status is considered to be incompatible with permitted uses in the zoning district in which it exists. Therefore, nonconforming uses, structures, lots, and structures are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be continued only in conformance with this Zoning Code.

   (b)   A nonconforming lot, use, structure does not include nonconformity with regulations pursuant to a legally granted variance from a zoning regulation.

(Ord. 2012-20, passed 4-17-2012)

   A use of structure or land, or structure and land in combination, existing lawfully on the effective date of this Zoning Code, or any amendment thereto, but which does not conform to the use regulations of the district in which it is located, is a nonconforming use. A nonconforming use may continue so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Alteration or reconstruction of a structure occupied by a nonconforming use. No structure occupied by a nonconforming use shall be reconstructed or structurally altered unless the use thereof is changed to a use permitted in the district in which the structure is located.

   (b)   Enlargement or expansion of nonconforming use of structures or land. A nonconforming use of a structure or land shall not be physically enlarged, expanded, or relocated to a part of the lot that was not occupied by the use at the time it became nonconforming.

   (c)   Change or substitution of use. A nonconforming use of a structure, structure or land shall not be changed or substituted to another nonconforming use unless the Board of Zoning Appeals, finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code to lessen or minimize the impact of the nonconforming use. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.

   (d)   Discontinuance of use. Discontinuance of the nonconforming use of a structure, part of a structure, lot or part of a lot for a continuous period of 12 months or longer shall constitute voluntary abandonment of such use and thereafter any use of the premises shall conform to the use regulations of the district in which the structure or lot is located.

   (e)   Damage or destruction. In the event a structure that is occupied by a nonconforming use is destroyed by any means to the extent of 60 percent or more of the total market value of the improvements, as currently listed by the Hamilton County Auditor, it shall not be rebuilt, restored or re-occupied for any use unless such use conforms to the use regulations of the district in which the structure is located.

(Ord. 2012-20, passed 4-17-2012)

   A structure existing lawfully on the effective date of this Zoning Code, or any amendment thereto, but which does not conform to the area or width of the lot, yard dimensions, lot coverage, height of structure or other regulations of the district in which it is located, is a nonconforming structure. A nonconforming structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Maintenance and repair. Ordinary repairs, or repair or replacement of non load-bearing walls, fixtures, wiring, driveways or plumbing may be performed on a nonconforming structure or on any portion thereof provided, however, no structural parts shall be replaced except when required by law to restore such structure to a safe condition or to make the structure conform to the regulations of the district in which it is located.

   (b)   Enlargements or extensions. A nonconforming structure shall not be enlarged or extended unless:

      (1)   The original structure is made to conform to the regulations of the district in which it is located; or

      (2)   The proposed extension is in compliance with the regulations of the district in which it is located, and will not increase any existing nonconformity in any other portion of the structure; or

      (3)   The structure extension will reduce a nonconforming condition.

   (c)   Moving. A nonconforming structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the structure is made to conform to the regulations of the district in which it is to be located.

   (d)   Change in principal use of structure. The principal use of a nonconforming structure may be changed to any other use permitted in the district in which it is located, so long as the new use complies with all the regulations of this Zoning Code specified for such use.

   (e)   Restoration of damaged structure. If a nonconforming structure is damaged or destroyed by any cause to the extent of less than 60 percent of the total market value of the improvements, as currently listed by the Hamilton County Auditor, those portions so destroyed or damaged may be restored to the original footprint and floor area of the structure. Any restoration that exceeds the original footprint and/or floor area must be made to conform to the regulations of the district in which the structure is located. All repairs and restorations shall be in compliance with the following conditions:

      (1)   A zoning certificate authorizing such restoration shall be obtained.

      (2)   Such restoration shall be completed within a period of one year from the date of damage or destruction.

      (3)   Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.

      (4)   Any nonconforming structure destroyed by any means to the extent of more than 60 percent of the total market value of the improvements, as currently listed by the Hamilton County Auditor, shall require approval by the Board of Zoning Appeals prior to restoration.

   (f)   Reducing a nonconforming site condition on a single-family lot. If an enlargement, extension or relocation of a nonconforming structure on a single-family lot is proposed that will result in a reduction in the existing nonconformity, then such enlargement, extension or relocation may be permitted. A zoning certificate authorizing the reduction of a nonconforming site condition shall be approved by the Code Enforcement Officer.

(Ord. 2012-20, passed 4-17-2012)

   A structure or use existing lawfully on the effective date of this Zoning Code, or an amendment thereto, that does not comply with the off-street parking regulations, may be occupied by the existing structure or use without modifying such parking facilities. In the event that an existing structure is altered or a use is changed or substituted in accordance with these regulations, then off-street parking shall be provided in accordance with the numerical and design requirements of Chapter 1262 for the intended use.

(Ord. 2012-20, passed 4-17-2012)

   A sign, lawfully existing on the effective date of this Zoning Code, or any amendment thereto, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall comply with the regulations of this chapter and Chapter 1264.

(Ord. 2012-20, passed 4-17-2012)

   A lot of record that does not comply on the effective date of this Zoning Code, or any amendment thereto, with the lot area or lot width regulations of the district in which the lot is located may be used as follows:

   (a)   Existing dwelling on a residential lot. If the lot is occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the structure shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located. The number of dwelling units shall not be increased unless all regulations, including lot area, are in compliance with this Zoning Code.

   (b)   Vacant single nonconforming lot of record. A vacant non-conforming lot that is in separate ownership and not of continuous frontage with other lots in the same ownership shall be permitted to be developed or redeveloped as a site for a single-family dwelling provided that the dwelling and its accessory uses comply with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.

   (c)   Lots in combination. If a vacant nonconforming lot adjoins one or more lots, all of which are controlled or pending control of a person or entity intending to redevelop the property jointly, such lot shall be re-platted to create conforming lots as a prerequisite for development.

(Ord. 2012-20, passed 4-17-2012)

   The provisions of this chapter shall also apply to any structure, structure, land or other use hereafter becoming nonconforming as a result of amendments made to this Zoning Code or Zoning Map.

(Ord. 2012-20, passed 4-17-2012)

   A nonconforming structure or use shall cease to be considered as such whenever it first comes into compliance with the regulations of the district in which it is located. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.

(Ord. 2012-20, passed 4-17-2012)

   At the time of application for a zoning certificate or request for a variance, or upon the request of the Code Enforcement Officer regarding a nonconforming lot, structure, structure or use, the property owner shall submit sufficient evidence to verify that such lot, structure, structure, or use was lawfully created or established in accordance with the zoning regulations in existence at that time. If the evidence submitted indicates the lot, structure, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this Zoning Code, the Code Enforcement Officer shall issue a certificate of nonconforming use. This certificate shall specify the reason why the use, structure, structure or lot is nonconforming, and for nonconforming uses shall also include a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming.

(Ord. 2012-20, passed 4-17-2012)

   Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Zoning Code or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conforming conditional use. Any change, modification, enlargement or alteration of such use, site development or signs, shall only be permitted upon review and approval by the Board of Zoning Appeals.

(Ord. 2012-20, passed 4-17-2012)

   Nothing in this Zoning Code shall prohibit the completion of the construction and use of structures for which a zoning certificate has been issued prior to the effective date of this Zoning Code, or amendments thereto, provided that construction is commenced within six months after the issuance of such certificate, and completed within one year, after the issuance of the zoning certificate. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing structure has begun preparatory to restructure, such demolition or removal shall be deemed to be actual construction.

(Ord. 2012-20, passed 4-17-2012)