Except as hereinafter specified, the lawful use of a building or premises existing at the time of the adoption or amendment of this Zoning Code may be continued, although such use, building or structure does not conform to the provisions of this Zoning Code for the district in which it is located.

   (a)   The nonconforming use of a building may be extended throughout those existing parts of the building which were arranged or designed for such use.

   (b)   All uses nonconforming at the time of the adoption of this section by reason of noncompliance with Section 1155.02 (Performance standards), if not otherwise stipulated by the Board, shall conform therewith within the time limit specified in Section 1155.02(b)(3).

   (c)   Abandonment. A nonconforming use which is discontinued for a continuous period of six months, where the intent of the owner to discontinue the use is obvious, shall not again be used except in conformity with the regulations of the district in which it is located.

   (d)   Zoning Certificate. A Zoning Certificate shall be required for all lawful nonconforming uses of land and building created by adoption of this chapter in accordance with the provisions of Section 1135.02 (Zoning Certificate Required).

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   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 chapter, but not completed, may be completed and put into such nonconforming use, provided it is done within one year after this chapter takes effect.

(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)

   No existing building or premises devoted to a use not permitted by this Zoning Code in the district in which such building or premises is located, except when required by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:

   (a)   Change to Conforming Use. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

   (b)   Restoration. Repairs and maintenance work as required to keep a nonconforming building or structure in a sound and safe condition may be made.

   (c)   Reconstruction. Replacement of a nonconforming use which has been destroyed by fire, explosion, act of God, public enemy or the ravages of time can be rebuilt so long as the cost of rebuilding does not exceed 50% of the value of the structure. Value of the structure will be determined by referring to the appraised value as set by the office of the Morrow County Treasurer. When the damage to the structure is less than 50% of its value, a nonconforming use may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are started within one year of the occurrence date of such damage and complete not more than 120 days later.

   (d)   Extension.

      (1)   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 in accordance with the provisions of Section 1137.10 (Variances).

      (2)   Any building which is nonconforming solely because it does not comply with front yard setback requirements may be altered or extended from the side or back without a variance permit provided the alteration or extension conforms to all requirements under this chapter.

   (e)   Substitution.

      (1)   When authorized by the Board of Zoning Appeals, in accordance with Section 1137.10 (Variances), a nonconforming use may be substituted by another not more objectionable nonconforming use.

      (2)   Nonconforming trailers, mobile homes, or manufactured homes located on a lot in any district other than in an established manufactured home park in an “R 3" District, once removed shall not be relocated on such lot unless the unit was “traded in” for a manufactured home. In this instance, the replacement shall be on site within one week of the removal of the previous unit.

(Ord. 1130. Passed 2-1-88; Ord. 1584. Passed 9-17-07.)

   When a lot which is an official platted lot of the Village, as recorded at the time of adoption of this Zoning Code (Ordinance 1054, passed December 2, 1985), does not comply with the area, yard or other requirements of this Zoning Code, such lot may be used as a building site. However, the yard and other requirements of the district shall be complied with as closely as possible considering the conditions present on the lot and in the opinion of the Board of Zoning Appeals.

   (a)   Subject to compliance with provisions of this section, a lot in a district which permits residential uses, having a width less than that required by Section 1145.03 (Lot Area and Width), but having at least 80% of the minimum lot area required by Section 1145.03 (Lot Area and Width), and existing as such on the effective date of this chapter in any “R” district, may be used for the erection of a single family dwelling even though its area and width are less than the minimum requirements set forth herein. Each side yard shall be a minimum of six feet.

   (b)   Where two adjacent lots of record with less than the required area and width are held by one owner, the Board may require that the lot be combined and used for one main building. In either case, the prevailing setback shall be met. Where three or more contiguous unimproved lots of record with less than the required area and width are held by one owner, the Board may require replatting to fewer lots to permit compliance with minimum yard requirements.

(Ord. 1584. Passed 9-17-07.)