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Port Clinton City Zoning Code

CHAPTER 1141

Nonconforming Uses

1141.01 NONCONFORMING BUILDINGS.

(a)   Continuance of Nonconforming Buildings. The lawful use of any building which does not conform to these regulations, whether by original adoption or by subsequent amendment, may be continued after such adoption or amendment, under the conditions herein specified.
(b)   Expansion of Nonconforming Buildings. The addition to, enlargement or expansion of any such nonconforming building may be permitted provided such addition, enlargement or expansion complies with all height, area, parking, setback and other requirements of the district in which it is located, and that total aggregate floor area of such addition or additions does not exceed twenty percent (20%) of the floor area in such building at the time it became nonconforming.
   (c)   Damaged Nonconforming Buildings. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, may be restored and the same use and occupancy continued or resumed, provided that such restoration is started within a period of one year and is diligently prosecuted to completion. Any lot whose buildings are destroyed beyond seventy-five percent (75%) of their total value shall not be restored to its original use and the land used by such buildings shall thereafter be used in conformance with the district regulations.
   (d)   Change of Nonconforming Buildings. The use of a nonconforming building may be changed to a use of the same or more restrictive classification but shall not thereafter be changed back to a less restrictive use.
(e)   Vacated Nonconforming Buildings. A nonconforming building, or portion thereof, which is or hereafter remains vacant and unoccupied for a period of two years or more, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(f)   Voluntary Removal or Remodeling of Nonconforming Buildings. The voluntary removal or remodeling of a nonconforming building or structure not damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, shall be permitted as long as not more than fifty percent (50%) of the total value of such building or structure is involved. Any removal or remodeling where more than fifty percent (50%) of the value of such building or structure is involved shall conform with all of the requirments of the district in which it is located upon its completion.
(Ord. 18-90. Passed 6-26-90.)

1141.02 NONCONFORMING USE OF THE LAND.

(a)   Elimination of Nonconforming Uses of Open Land. A nonconforming use of open land, with or without a primary building, may be continued for a period of five years from the effective date of its annexation, after which time such use shall be discontinued.
(b)   Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be expanded or extended into any other portion of the lot or adjoining property; nor shall the use be changed except to a conforming use.
(Ord. 18-90. Passed 6-26-90.)

1141.03 NONCONFORMING SPECIAL USES.

Any use herein shown as a special use in the district use regulations shall be considered a nonconforming use in the same manner as other uses specified in Sections 1141.01 and 1141.02 and shall be a legal use, and may be expanded only after approval of such expansion as a special use under the terms prescribed in this Zoning Ordinance.
(Ord. 18-90. Passed 6-26-90.)

1141.04 NONCONFORMING STANDARDS OF CONFORMING OR NONCONFORMING USES.

Any uses, whether conforming as to use regulations or not, that do not conform to the regulations herein pertaining to yard requirements, lot requirements, off-street parking, height regulations and other regulations, shall be permitted to continue under such nonconforming conditions, except that any enlargement, change of use or addition shall not cause the aggregate use to violate the provisions of this Zoning Ordinance beyond such existing nonconformance which exists at the time of the adoption of this Zoning Ordinance or any subsequent amendment.
(Ord. 18-90. Passed 6-26-90.)

1141.05 NONCONFORMING LOT AREA, WIDTH AND DEPTH.

Any lot of record, existing at the time of adoption of this Zoning Ordinance or any subsequent amendment, where the required lot area, width and depth do not meet the regulations herein, may be used for residential purposes; provided that yard, coverage and all other requirements are met; and provided that any contiguous land in single ownership shall be required to be used to meet the district lot area, width and depth requirements and that no portion of such may be transferred to other ownership, if such transfer reduces the lot below the minimum requirements set forth in this Ordinance.
(Ord. 18-90. Passed 6-26-90.)

1141.06 FRONT YARD SETBACKS FOR EXISTING UNDEVELOPED LOTS.

Any lot of record, existing at the time of the adoption of this Zoning Ordinance where the front yard setback of the district in which the lot is located would prevent or discourage its development, may be developed at a lesser setback as provided in subsections (a) and (b) hereof.
   (a)   If a lot is situated between two lots, each of which has a main building which projects beyond the established front yard line and has been so maintained since this Ordinance became effective, the front yard requirement on such lot may be the average of the front yards of the existing buildings.
   (b)   Where a lot adjoins only one lot having the conditions described in the paragraph above, the front yard requirement on such lot may be the average of the front yard of the existing building and the established front yard line.
(Ord. 18-90. Passed 6-26-90.)