Unless the context clearly indicates otherwise, the terms defined below are used in this subchapter in the following manner:

(Ord. passed 6-21-2021)

   (A)    Nonconforming situations that were otherwise lawful on the effective date of this chapter may be continued, subject to the restrictions and qualifications set forth in §§ 157.172 through 157.177.

   (B)   Nonconforming projects may be completed only in accordance with the provisions of § 157.177.

(Ord. passed 6-21-2021)

   (A)    When a nonconforming lot can be used in conformity with all of the regulations (other than the area or width requirements) applicable to the district in which the lot is located, such a use may be made as of right. Otherwise, the nonconforming lot may be used only in accordance with a use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that (i) the proposed use is one permitted by the regulations applicable to the district in which the property is located, and (ii) the property can be developed as proposed without any significant negative impact on the surrounding property or the public health, safety, or welfare. In issuing the permit authorized by this paragraph, the Board may allow deviations from applicable dimensional requirements (such as setback lines and yard size minimums) if it finds that no reasonable use of the property can be made without such deviations.

   (B)   Whenever this chapter creates a nonconforming lot and the owner of the nonconforming lot also owns land adjacent to it, and a portion of this other land can be combined with the nonconforming lot to create a conforming lot (without hereby creating other nonconformities), the owner of the nonconforming lot, or his successor in interest, may not take advantage of the provisions of division (A) of this section.

(Ord. passed 6-21-2021)

   (A)    Except as specifically provided in this section, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.

   (B)   Subject to division (D) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, subject to § 157.177 of this subchapter (authorizing the completion on nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.

   (C)   Subject to § 157.177 of this chapter (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.

   (D)   The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind of activity and no violations of other paragraphs of this section occur.

   (E)   Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:

      (1)   An increase in the total amount of space devoted to a nonconforming use;

      (2)   Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements; or

      (3)   The enclosure of previously unenclosed area, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least 75% of the perimeter of the area is marked by a permanently constructed wall or fence.

   (F)   Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovations -- i.e., work estimated to cost more than 10% of the appraised value of the structure to be renovated (and not required by the partial or total destruction of a structure [see division (H) below of this section] -- may be done pursuant to a special use permit issued by the Board of Adjustment. The Board of Adjustment shall issue such a permit if it finds that the work will not result in a violation of any other divisions of this section (particularly division (C)) or make the property more incompatible with the surrounding neighborhood.

   (G)   Notwithstanding division (E) above, any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities with respect to yard size and setback requirements. In particular, a manufactured/mobile home may be replaced with a larger manufactured/mobile home, and a "single-wide" manufactured/mobile home may be replaced with a "double-wide." This paragraph is subject to the limitations stated in § 157.175 on abandonment and discontinuance of nonconforming situations.

   (H)   A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions:

      (1)   The total amount of space devoted to a nonconforming use may not be increased, except that a larger, single-family residential structure may be constructed in place of a smaller one and a larger manufactured/mobile home intended for residential use may replace a smaller one;

      (2)    The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if they can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building;

      (3)   The reconstructed building may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity. An area is unenclosed unless at least 75% or more of the perimeter of the area is marked by a permanently constructed wall or fence.

      (4)   Except for single-family residential structures (including mobile homes), if the estimated cost of the reconstruction work exceeds 10% of the appraised value of the structure, the work may be done only after issuance of a special use permit by the Board of Adjustment. The Board shall issue the permit if it finds that the work will be done in accordance with this paragraph and that the reconstructed building will not make the property more incompatible with the surrounding property than it was before the destruction occurred.

(Ord. passed 6-21-2021)

   (A)    A nonconforming use may be changed to a conforming use. Thereafter, the property may not revert to a nonconforming use.

   (B)   A nonconforming use may be changed to another nonconforming use only in accordance with a use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use in operation at the time the application is made for the permit. If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit pursuant to this division (B) that change shall constitute a discontinuance of the nonconforming use, with consequences as stated in § 157.175 of this subchapter.

   (C)   If a nonconforming use and a conforming use, or any combination of conforming and nonconforming uses, or any combination of nonconforming uses exist on one lot, the use made of the property may be changed substantially (except to a conforming use), only in accordance with a use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the permit is applied for.

(Ord. passed 6-21-2021)

   (A)    When a nonconforming use is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes, except as provided in division (B) of this section. Present intention to reinstate the use shall not be considered if the abandoned property lacks maintenance or continuity of public services such as water, electricity, and trash removal.

   (B)   The Board of Adjustment may issue a special use permit to allow a nonconforming use that has been discontinued for more than 180 consecutive days to be reinstated if it finds that (i) the nonconforming use has been discontinued for less than two years, and (ii) the discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person maintaining the nonconforming use.

   (C)   If the principle activity on property where a nonconforming situation other than a nonconforming use exists is (i) discontinued for a consecutive period of 180 days, or (ii) discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the district in which the property is located, unless the Board of Adjustment issues a special use permit to allow the property to be used (for a nonconforming purpose) without correcting the nonconforming situation. The Board shall issue such a permit if it finds that the nonconforming situation cannot be corrected without undue hardship or expense, and the nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent.

   (D)   For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally considered as a whole. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

   (E)   When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this section begins to run at the effective date of this chapter.

(Ord. passed 6-21-2021)

    Subject to all other terms and conditions of §§ 157.170 through 157.177 of this chapter, nonconforming situations shall not be subject to specific time limitations for permanent discontinuation.

(Ord. passed 6-21-2021)

   (A)    All work on any nonconforming project for which a permit has not been issued shall cease on the effective date of this chapter. Thereafter, work on nonconforming projects may begin, or may continue, only pursuant to a special use permit issued by the Board of Adjustment (except as provided in division (A)(2) of this section). The Board shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land-use law as it existed before the effective date of this chapter and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the Board shall be guided by the following:

      (1)   To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made expenditure to acquire a potential development site if the property obtained is just as valuable under the new classification as it was under the old, for the expenditure can be recovered by resale of the property.

      (2)   An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of the total estimated cost of the proposed project, and the ordinary business practices of the developer.

      (3)   A person shall be considered to have acted in good faith if actual knowledge of a proposed adoption of land-use law affecting the proposed development site could not be attributed to him.

      (4)   Even though a person had actual knowledge of a proposed adoption of land-use law affecting a development site, the Board may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The Board may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that:

         (a)   At the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed Ordinance would prohibit the intended development; and

         (b)   The developer had legitimate business reasons for making expenditures.

   (B)   The requirements of division (A) of this section shall not apply to a nonconforming project if the Zoning Enforcement Officer certifies that actual construction of that project began at least 180 days before the effective date of this chapter and that the work is at least 75% complete at the effective date of this chapter.

   (C)   The Board of Adjustment shall not consider any application for the special use permit authorized by division (A)(1) of this section that is submitted more than 90 days after the effective date of this chapter, unless it waives this requirement for good cause shown.

   (D)   If the Board of Adjustment issues a special use permit pursuant to division (A) of this section, it may attach such reasonable conditions to the permit as it finds necessary to reduce the extent to which the nonconforming project is incompatible with the surrounding neighborhood. In particular, the Board may require that work on the nonconforming project be continuously maintained, if possible, and that the project be completed as expeditiously as possible.

   (E)   When it appears from the developer's plans or otherwise that the nonconforming project was intended to be or reasonably could be completed in stages, segments, or other discrete units, the Board of Adjustment shall not allow the nonconforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project.

(Ord. passed 6-21-2021)