(A)   The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Code. Nonconforming status is considered to be incompatible with permitted uses in the zoning district in which it exists. Therefore, nonconforming uses, buildings, 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 Chapter.

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

(Ord. 5-2005, passed 3-23-05)

   A use of building or land, or building 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 lawful 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, Reconstruction, of a Building Occupied by a Nonconforming Use. No building or 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 building is located.

   (B)   Enlargement or Expansion of Nonconforming Use of Buildings or Land. A nonconforming use of a building 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 building, structure or land shall not be changed or substituted to another nonconforming use unless the Board of Zoning Appeals, on appeal, 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 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 building, part of a building, lot or part of a lot for a continuous period of six 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 building or lot is located.

   (E)   Damage or Destruction. In the event a building or structure that is occupied by a nonconforming use is destroyed by any means to the extent of 60% 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 building or structure is located or upon prior approval of the Board of Zoning Appeals.

(Ord. 5-2005, passed 3-23-05)

   A building or 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 building or other regulations of the district in which it is located, is a lawful, nonconforming building or structure. A nonconforming building or 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-bearing walls, fixtures, wiring, residential 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 building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.

   (B)   Enlargements or Extensions. A nonconforming building or structure shall not be enlarged or extended unless:

      (1)   The original building or 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 is which it is located, and will not increase any existing nonconformity in any other portion of the building or structure; or

      (3)   The building extension will reduce a nonconforming condition; or

      (4)   As otherwise permitted in § 151.5003(F).

   (C)   Moving. A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the building is made to conform to the regulations of the district in which it is to be located, or as otherwise permitted in § 151.5003(F).

   (D)   Change in Principal Use of Building. The principal use of a nonconforming building or 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 Building or Structure. If a nonconforming building or structure is damaged or destroyed by any cause to the extent of less than 60% 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 building or 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 building 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 building destroyed by any means to the extent of more than 60% 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 building or 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 Zoning Administrator.

   (G)   Existing Nonconforming Site Condition on a Lot with a Nonresidential Use. If any nonconforming site condition(s) exists when a revised development plan is required pursuant to § 150.1402, then such site condition(s) must be brought into compliance with district regulations, unless the Planning Commission and/or Council determines that such conformance cannot be reasonably achieved because of existing site conditions. In such case, the Planning Commission and/or Council shall approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.

(Ord. 5-2005, passed 3-23-05)

   A building 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 building or use without modifying such parking facilities. In the event that an existing building 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 151.32 for the intended use.

(Ord. 5-2005, passed 3-23-05)

   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 set forth in Chapter 151.30, Signs.

(Ord. 5-2005, passed 3-23-05)

   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 building 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 complied with.

   (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. Notwithstanding the above, existing landlocked parcels without any frontage on a public right-of-way may not be developed or redeveloped without obtaining the frontage required for a panhandle lot as specified in § 151.1004(D).

   (C)   Lots in Combination. If a vacant nonconforming lot adjoins one or more lots, all of which are controlled or pending control of an individual intending to redevelop the property jointly, then on the effective date of this Code or applicable amendment thereto, such lot shall be replatted to create conforming lots as a prerequisite for development.

(Ord. 5-2005, passed 3-23-05)

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

(Ord. 5-2005, passed 3-23-05)

   A nonconforming building 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. 5-2005, passed 3-23-05)

   At the time of application for a zoning certificate or request for variance, or upon the request of the Zoning Administrator regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence to verify that such lot, building, 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, building, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this Code, the Zoning Administrator shall issue a Certificate of Nonconforming Use. This certificate shall specify the reason why the use, building, 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. 5-2005, passed 3-23-05)

   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 conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission and/or Council according to the procedures for conditional uses set forth in Chapter 150.16.

(Ord. 5-2005, passed 3-23-05)

   Nothing in this Zoning Code shall prohibit the completion of the construction and use of buildings 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 6 months after the issuance of such certificate, with the ground story framework including structural parts of the second floor completed within one year, and the entire building completed within two years 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 building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

(Ord. 5-2005, passed 3-23-05)

The land situated within the City of Montgomery, Ohio and described more particularly as follows, shall be subject to the provision of § 151.1216.

Situated in the City of Montgomery, Hamilton County, Ohio, and in Section 5, T 4, ER 1, Sycamore Township and in Section 35, T 5, ER 1, Symmes Township, and more particularly described as follows:

Beginning at the southwest corner of Section 35 of Symmes Township, which point is also the southeast corner of Section 5 of Sycamore Township; thence N 89° 33' 50" E, along the south line of said Section 35, a distance of 640.80 feet to a point; thence N 0° 19' 20" E 1122.32 feet to a point; thence S 89° 36' 20" W a distance of 82.50 feet to point; thence N 6° 40' 40" W a distance of 637.30 feet to a point; thence S 89° 38' 50" W a distance of 477.32 feet to a point; thence S 0° 08' 50" W, 91.75 feet to point; thence S 82° 28' 30" W a distance of 1334.50 feet to a point; thence S 0° 08' 50" W a distance of 160.50 feet to a point; thence S 81° 40' 30" W a distance of 358.70 feet to a point; thence S 0° 25' E a distance of 479.40 feet to a point; thence S 6° 57' W a distance of 1031.88 feet more or less to a point in the south line of said Section 5, thence N 82° 46' E, along the south line of said Section 5, a distance of 1803.04 feet to the southeast corner of Section 5 and the place of the beginning.

(Ord. 5-2005, passed 3-23-05)