Scope Of Provisions. The provisions of this Section shall apply to all non-conforming uses of land, including structures and the use thereof. A non-conforming use is one which existed lawfully, whether by variance or otherwise, on the date this Chapter (October 3, 1988) or any amendment thereto became effective and which, at that time, failed to conform to one (1) or more of the applicable regulations of this Chapter or such amendment thereto. Non-conforming uses are incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; inhibit present and future development of nearby properties; and confer upon their owners and users a position of unfair advantage. The existence of a non-conforming use shall be a question of fact which shall be decided by the Zoning Administrator.

Statement Of Intent. Non-conforming uses are not to be expanded and they should be eliminated or reduced to conformity as quickly as the fair interests of the parties will permit.

Non-Conforming Uses May Be Continued — When. If, on the date of adoption or amendment of this Chapter (October 3, 1988) a lawful use of a parcel or lot, including a building or structure and the use thereof, exists that is no longer permissible under the provisions of this Chapter or, in the case of a building or structure, that could not be built under the regulations of this Chapter by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, off-street parking, loading spaces or setback, or other characteristics, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

Repairs And Maintenance — When. Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than fifty percent (50%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former non-conformity, and provided further that restoration of such structure is begun within six (6) months of such destruction and is diligently prosecuted to completion within two (2) years following such destruction. Whenever such structure has been destroyed by any means out of the control of the owner to an extent of fifty percent (50%) or more of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Code Enforcement Officer, or by any means within the control of the owner to any extent whatsoever, the structure shall not be restored except in full conformity with all regulations of the district in which such structure is situated. When a structure is determined to be substandard by the proper administrative official of the City of Richmond Heights under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards of such ordinance shall exceed fifty percent (50%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure, as provided in Article XII of this Chapter.

Change Of Tenancy Or Ownership. There may be a change of tenancy, ownership or management of an existing non-conforming use, provided there is no change in the nature or character, extent or intensity of such non-conforming use.

Completion Of Pending Construction And Building Permits. To avoid undue hardships, nothing in this Chapter shall be deemed to require a change in plans, construction or designated use of any building to which a building permit has been issued, plans or final subdivision plats have been approved by the Commission, or on which actual construction was lawfully begun, and has been carried on diligently, prior to the effective date of adoption or amendment of this Chapter. However, all such uses, buildings and structures shall remain subject to the provisions of this Section which limit the ability to continue a non-conforming use.

Conditional Uses. Any use existing at the time of adoption of this Chapter and which is lawfully permitted as a conditional use in a district under the terms of this Chapter shall be deemed a conforming use in such district.

Substandard Non-Conforming Lots Of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter. 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 other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two (2) 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 Chapter, and if all or part of the lots do not meet the requirements for lot width and area, as established by this Chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this Chapter and no portion of said parcel or lot shall be used or sold which does not meet lot width and area requirements established by this Chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in this Chapter.

Existing Unlawful Uses Not Validated. A use in violation of a provision of the previous zoning ordinance of the City of Richmond Heights at the time this Chapter was adopted, and not then qualifying as a non-conforming use, shall not be validated as a non-conforming use by the adoption of this Chapter.

Joint Use Of Buildings, Structures And/Or Land. Where a non-conforming use exists and a conforming use is proposed, the non-conforming use must cease upon initiation of the conforming use. No joint use of buildings, structures and/or land shall be permitted.

Non-Conformity As Basis For Variance. The existence of a non-conformity anywhere in the City shall not of itself be considered grounds for the issuance of a variance for other property.

Eventual Removal Or Correction Of Non-Conforming Use. Within five (5) years of the date of the adoption of this Chapter (October 3, 1988), or the date of adoption of any applicable amendments to this Chapter, any use which is or becomes a non-conforming use shall be brought into conformance with the standards established in Section 405.370.