(a)   Intent. Within the City of Pickerington there exist:

      (1)   Lots;

      (2)   Structures;

      (3)   Uses of land and structures; and

      (4)   Development Standards of uses;

which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. It is the intent of this section to permit these nonconformities to continue until they are removed, with the greatest sensitivity to landowner rights. It is further the intent of this section to require that Code sections within this chapter be liberally construed in favor of the landowner.

   (b)   Extension of Nonconforming Uses. The Board of Zoning Appeals shall have the authority to grant an extension of a building or the expansion of the use of a lot devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building or lot. However, the floor areas or lot areas of such extensions shall not exceed, in all, 100 percent of the area of the existing building or lot devoted to a nonconforming use. The decision of the Board of Zoning Appeals may be appealed to City Council.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption of this Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.

   (b)   If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Ordinance and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Ordinance, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Zoning Ordinance. The Planning and Zoning Commission may permit the development of two or more contiguous, non-conforming lots if it is determined that the proposal is consistent with the development pattern in the site area, will not have an adverse effect on adjacent properties and is consistent with City plans or objectives for the area.

(Ord. 2014-27. Passed 8-5-14.)

   Where a lawful structure exists at the effective date of adoption of this Zoning Ordinance, or amendments thereto, that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (a)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

   (b)   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Ordinance.

   (c)   Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. 2014-27. Passed 8-5-14.)

   The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following:

   (a)   Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located.

   (b)   On approval of an appeal to the Board of Zoning Appeals, a nonconforming use may be changed to a use closer in character with the zoning district in which the nonconforming use is located.

   (c)   On approval of an appeal to the Board of Zoning Appeals, a nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use.

   (d)   No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least one year. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within twelve months of such calamity and is continued in a reasonable manner until completed.

(Ord. 2014-27. Passed 8-5-14.)

   (a)   On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, heating, air conditioning or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

   (b)   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 2014-27. Passed 8-5-14.)