Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zoning district in which it is located, the supplementary regulations applicable to all zoning districts, and the supplementary regulations applicable to specific uses.

('80 Code, § 152.163) (Ord. 94-14, passed 7-5-94)

   Nothing in this zoning code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

('80 Code, § 152.164) (Ord. 94-14, passed 7-5-94)

   Nothing contained in this zoning code shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this zoning code, the construction of which, conforming with such plans, shall have been started prior to the effective date of this zoning code, and continued to completion without interruption, except for causes beyond the builder's control.

('80 Code, § 152.165) (Ord. 94-14, passed 7-5-94)

   (A)   Nonconforming vacant lots in residential district. In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record as of the effective date of this zoning code when by reason of its lot area, width, or depth it does not meet minimum requirements for a lot under these regulations. However, no lot shall be deemed to be less than 40 feet wide for the calculation of yard requirements, and provided, further, that:

      (1)   The sum of the side yard widths on any such lot of record shall be at least 25% of the width of the lot;

      (2)   In no case shall the width of any side yard be less than 10% of the width of the lot, except that on a corner lot the width of side yard adjoining the side street lot line shall be not less than ten feet;

      (3)   The depth of the rear yard of any such lot need not exceed 20% of the depth of the lot, but in no case shall it be less than 20 feet; and

      (4)   If the width of such lot meets the standards of this zoning code but the depth is such that the total area is less than 7,500 square feet, the rear yard for such lot shall have a minimum of 30% of the depth of the lot but in no case shall it be less than 30 feet.

   (B)   Nonconforming vacant lots in other districts. In any district, other than a residential district, a building designed for any permitted use in the district may be erected on any lot of official record as of the effective date of this zoning district provided that the building shall comply with all regulations applicable in the district in which the lot in question is located. However, the width of any required side yard need not be greater than that derived by applying the following equation, where X equals the required side yard width:

         X         =   minimum side yard required by district regulation
      actual lot width         minimum lot width required by district regulation

('80 Code, § 152.166) (Ord. 94-14, passed 7-5-94)

   (A)   Continuation. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable lot size requirements and/or development standards, may be continued, so long as it remains otherwise lawful, subject to the restrictions of divisions (B), (C), and (D) of this section.

   (B)   Enlargement, repair, alterations. Any structure described in (A) above may be enlarged, maintained, repaired, or structurally altered. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structures; except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by § 152.166 (A) or (B), whichever is applicable.

   (C)   Damage or destruction. In the event that any structure described in (A) above is damaged or destroyed, by any means, to the extent of more than 75% of the current replacement cost of the entire structure, the structure shall not be restored unless it shall thereafter conforms to the regulations for the zoning district in which it is located, provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in § 152.166(A) or (B), whichever is applicable. When a structure is damaged to the extent of 75% or less, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of the partial destruction.

   (D)   Moving. No structure described in (A) above shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it will be located after being moved.

('80 Code, § 152.167) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   Continuation. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure, may be continued, so long as otherwise lawful, subject to the restrictions of this section.

   (B)   Repair and maintenance.

      (1)   Work may be done on ordinary maintenance and repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing. However, this division shall not be deemed to authorize any violation of divisions (C) through (I) of this section.

      (2)   Nothing in this zoning code shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of division (E) below) in accordance with the order of a public official who is charged with protecting the public safety and who declares the building or other structure to be unsafe and orders its restoration to a safe condition.

      (3)   Nonconforming residential buildings in a business or industrial district may be maintained, repaired, improved, modernized, or enlarged. However, no increase in the number of dwelling units shall be permitted.

   (C)   Structural alteration. No structural alteration shall be made unless the entire building or other structure and the use thereof shall thereafter conform to the regulations of the district in which the structure is located except as provided in divisions (D), (E), and (G) below.

   (D)   Extensions and enlargement. The Board of Zoning Appeals may permit a nonconforming building or structure to be extended, expanded, enlarged, or increased in intensity subject to the following conditions:

      (1)   A nonconforming use may be extended throughout any part of the building or other structure that was lawfully and manifestly designed or arranged for such use on the effective date of this zoning code or any appropriate amendment thereto;

      (2)   The Board may permit either an expansion of a nonconforming building or structure, or a substitution of a nonconforming use in such a building or structure, but not both; and

      (3)   A nonconforming building or structure may be extended or enlarged on the lot occupied by the building on the effective date of this zoning code or on an adjoining lot, provided such lot was under the same ownership as the lot in question on the effective date of this zoning code. Such nonconforming building may be enlarged or extended to an extent not exceeding 25% of the gross floor area of the nonconforming structure or building lawfully existing at the time of the adoption of this zoning code;

      (4)   The extension or enlargement of a nonconforming building or structure may not occupy ground space suitable and otherwise available for meeting the off-street parking requirements of this zoning code;

      (5)   A nonconforming use of land may not be extended, enlarged, or increased in intensity;

      (6)   Nothing contained in this section shall in any way prohibit a nonconforming use from acquiring additional off-street parking space; and

      (7)   Application for an extension or enlargement in accordance with divisions (D)(1) through (D)(6) shall be noticed and heard in the manner prescribed for appeals in § 152.013.

   (E)   Damage or destruction. In the event that any building or other structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before the damage or destruction exceeds 75% of the current replacement cost of the entire building or other structure, exclusive of foundation, the building or other structure shall not be restored unless the building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located. Moreover, even if the damage is 75% or less, no repair or restoration shall be made unless a building permit is obtained, and restoration is actually begun, within one year after the date of the partial destruction.

   (F)   Moving. No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved. Moreover, no nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved.

   (G)   Change. The Board of Zoning Appeals may permit a substitution for a nonconforming use in a building or structure lawfully existing at the time of the adoption of this zoning code subject to the following conditions:

      (1)   The Board may permit either an expansion of a nonconforming building or structure or a substitution of a nonconforming use, but not both;

      (2)   A nonconforming use of land may not be changed; and

      (3)   Application for a substitution in accordance with division (G)(1) shall be noted and heard in the manner prescribed for appeals in § 152.013.

   (H)   Discontinuance.

      (1)   Discontinuance of nonconforming use of land. In the event that operation of a nonconforming use of land is voluntarily discontinued for a period of two years, the nonconforming use shall not thereafter be reestablished and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.

      (2)   Discontinuance of nonconforming use of buildings or structures. In the event that operation of a nonconforming use of all or part of a building or other structure is voluntarily discontinued for a period of two years, the nonconforming use shall not thereafter be reestablished, and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located.

   (I)   Nonconforming accessory uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.

('80 Code, § 152.169) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999