A building or structure existing on September 14, 1955, which does not conform to the use, area, yard or height regulations of the district in which it is located, may be maintained and repaired, except as otherwise provided in this chapter, except that residences on lots of less than the required width may be altered if the required side yards are provided.
(Ord.79-0-14. Passed 7-24-79.)
1276.02 ADDITIONS AND ENLARGEMENTS.
A nonconforming building shall not be altered, added to or enlarged in any manner unless the whole building or structure, including such additions and enlargements, is made to conform to all the regulations of the district in which it is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.03 MOVING.
A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises unless every portion of such building or structure which is moved is made to conform to all the regulations of the district in which it is to be located.
(Ord.79-0-14. Passed 7-24-79.)
1276.04 RESTORATION OF DAMAGED BUILDINGS.
A nonconforming building or structure, which is not more than fifty percent. damaged or partially destroyed by whatever cause, including acts of God but not including acts of malicious mischief or vandalism, may be restored and the occupancy or use of such building, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration does not exceed the size of the original building and that such restoration is started within a period of one year and is diligently prosecuted to completion. For all buildings and structures, other than single-family houses which are located in the business or office district of the City, in the event that such damage or destruction exceeds fifty percent of such nonconforming building, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the district in which it is located except that residences on lots of less than the required width may be rebuilt if they are more than fifty percent destroyed.
If the building is a single-family home, which is located in a business or office district of the City, and the single-family home is more than fifty percent damaged or if it is destroyed by whatever cause, then it may be restored and the occupancy and use of such building may be continued or resumed, provided that such restoration does not exceed the size of the original building and that such restoration is started within a period of one year and is diligently prosecuted to completion.
(Ord.9808. Passed 6-9-98.)
1276.05 ABANDONMENT OF BUILDINGS.
A nonconforming building which is vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.06 NONCONFORMING USE OF CONFORMING BUILDINGS.
(a) Generally. The nonconforming use of a building, otherwise conforming to the area, yard and height regulations and existing on September 14, 1955, may be continued, except as otherwise provided in this chapter.
(b) Change of Use. A nonconforming use within a building may not be changed in any manner except to a similar use that is no more objectionable, harmful or injurious, or to a more restricted use classification, provided that approval is obtained from the . Board of Zoning Appeals.
(c) Nonexpansion of Use. A nonconforming use within a building shall not be. expanded or extended into any other portion of such conforming building or structure unless the entire nonconforming use is changed to a conforming use.
(d) Discontinuance of Use. If a nonconforming use within a building or portion thereof is continued for a period of one year or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.07 NONCONFORMING USE DUE TO RECLASSIFICATION.
The provisions of this chapter shall also apply to buildings, land or uses which after September 14 1955, become nonconforming due to any reclassification of districts under this Zoning Code, provided that where a period of years is specified in this chapter for the discontinuance of nonconforming buildings or uses, such period shall be computed from the date of such reclassification or change.
(Ord.79-0-14. Passed 7-24-79.)
Mentor On The Lake City Zoning Code
CHAPTER 1276
Nonconforming Buildings and Uses
1276.01 GENERAL REPAIRS AND MAINTENANCE.
A building or structure existing on September 14, 1955, which does not conform to the use, area, yard or height regulations of the district in which it is located, may be maintained and repaired, except as otherwise provided in this chapter, except that residences on lots of less than the required width may be altered if the required side yards are provided.
(Ord.79-0-14. Passed 7-24-79.)
1276.02 ADDITIONS AND ENLARGEMENTS.
A nonconforming building shall not be altered, added to or enlarged in any manner unless the whole building or structure, including such additions and enlargements, is made to conform to all the regulations of the district in which it is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.03 MOVING.
A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises unless every portion of such building or structure which is moved is made to conform to all the regulations of the district in which it is to be located.
(Ord.79-0-14. Passed 7-24-79.)
1276.04 RESTORATION OF DAMAGED BUILDINGS.
A nonconforming building or structure, which is not more than fifty percent. damaged or partially destroyed by whatever cause, including acts of God but not including acts of malicious mischief or vandalism, may be restored and the occupancy or use of such building, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration does not exceed the size of the original building and that such restoration is started within a period of one year and is diligently prosecuted to completion. For all buildings and structures, other than single-family houses which are located in the business or office district of the City, in the event that such damage or destruction exceeds fifty percent of such nonconforming building, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the district in which it is located except that residences on lots of less than the required width may be rebuilt if they are more than fifty percent destroyed.
If the building is a single-family home, which is located in a business or office district of the City, and the single-family home is more than fifty percent damaged or if it is destroyed by whatever cause, then it may be restored and the occupancy and use of such building may be continued or resumed, provided that such restoration does not exceed the size of the original building and that such restoration is started within a period of one year and is diligently prosecuted to completion.
(Ord.9808. Passed 6-9-98.)
1276.05 ABANDONMENT OF BUILDINGS.
A nonconforming building which is vacant and remains unoccupied for a continuous period of one year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.06 NONCONFORMING USE OF CONFORMING BUILDINGS.
(a) Generally. The nonconforming use of a building, otherwise conforming to the area, yard and height regulations and existing on September 14, 1955, may be continued, except as otherwise provided in this chapter.
(b) Change of Use. A nonconforming use within a building may not be changed in any manner except to a similar use that is no more objectionable, harmful or injurious, or to a more restricted use classification, provided that approval is obtained from the . Board of Zoning Appeals.
(c) Nonexpansion of Use. A nonconforming use within a building shall not be. expanded or extended into any other portion of such conforming building or structure unless the entire nonconforming use is changed to a conforming use.
(d) Discontinuance of Use. If a nonconforming use within a building or portion thereof is continued for a period of one year or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the regulations of the district in which such building is located.
(Ord.79-0-14. Passed 7-24-79.)
1276.07 NONCONFORMING USE DUE TO RECLASSIFICATION.
The provisions of this chapter shall also apply to buildings, land or uses which after September 14 1955, become nonconforming due to any reclassification of districts under this Zoning Code, provided that where a period of years is specified in this chapter for the discontinuance of nonconforming buildings or uses, such period shall be computed from the date of such reclassification or change.