(a)   The primary objective of this Planning and Zoning Code is to encourage the development of compatible and related uses of land and buildings and to prohibit development of those uses which are incompatible or detrimental to adjacent areas. A further objective of this Code is the regulation of any use of land and buildings which may be appropriate within an area to protect and promote the public health, safety, comfort, convenience, prosperity and other aspects of the general welfare, and to insure that such uses will be in keeping with the quality and the character of adjacent or similar uses and that appropriate standards are established and maintained within each area.

   (b)   It is recognized that at the time of the adoption of this Code, uses of land and buildings may exist which do not conform to the uses permitted by this Code for the particular area, or that buildings may exist which do not comply with the regulations applicable to the development of that particular type of building within the area. While such conditions are generally permitted to continue, the purposes of this Title are to:

      (1)   Alleviate and gradually eliminate the undesirable consequences resulting from such nonconforming uses and noncomplying buildings which are detrimental to the purposes of this Code;

      (2)   Set forth specific procedures and requirements controlling the continuation, expansion or alteration of such nonconforming and noncomplying conditions and, in certain cases, to establish specific requirements to eliminate such conditions; and

      (3)   Encourage the improvement and maintenance of noncomplying residential buildings to maintain the quality and the character of the residential areas insofar as the extent of noncompliance is not increased.

   (a)   In accordance with the procedures set forth in Section 762.10 and the Schedule of Fees set forth in Chapter 765, the owner of a nonconforming use of land and the owner of a nonconforming use located within a building or structure shall register such use by filing a nonconforming registration certificate with the Zoning Administrator on registration forms furnished by him or her. Registration shall take place within sixty days following the receipt of a notice to a property owner from the Zoning Administrator that the owner's property contains a nonconforming use. Registration may be made by anyone providing a legal or equitable interest in such nonconforming use. The registration certificate shall require the following information:

      (1)   The name and address of the owner or owners of the nonconforming use of land or the nonconforming use located within a building or structure.

      (2)   A description of the land upon which the nonconforming use is located, and a description of that portion of the land and building or structure in nonconforming use.

      (3)   The name of the nonconforming use and a description of its operation.

      (4)   The zoning classification of the land upon which the use is located.

      (5)   Any other information required in accordance with the procedures for registration established by the Zoning Administrator.

   (b)   The registration of every nonconforming use shall be renewed before the close of the twelve- month period from the last date of registration or renewal of registration. The owner of any nonconforming use may amend the registration certificate to indicate any change in the required information. The filing of a false registration certificate or a failure to register a nonconforming use in accordance with the provisions of this section shall constitute a violation of this Planning and Zoning Code.

   Any change in a nonconforming use shall comply with the applicable regulations of this Planning and Zoning Code. A change in ownership or occupancy shall not in itself constitute a change of use. When a previously nonconforming use has been changed to a conforming use, such nonconforming use shall not thereafter be changed to a nonconforming use. A nonconforming use may not be changed, except in accordance with the following provisions:

   (a)   A nonconforming use that is subject to termination in accordance with the requirements of this Code shall not be substituted for another nonconforming use.

   (b)   A nonconforming use of land involving a building or structure, where the assessed value of the buildings or structures is more than twenty thousand dollars ($20,000), shall not be changed to another nonconforming use.

   (c)   A nonconforming retail use located within a Residential District may be changed to a residential use, except a multiple-family use, unless such use is located within a district permitting multiple-family uses.

   (d)   A nonconforming manufacturing use located within a Residential District may be changed to a residential use, except a multiple-family use, unless such use is located within a district permitting multiple-family uses.

   (e)   A nonconforming retail or manufacturing use located within a Commercial District may be changed to any use permitted in that particular zoning district or in the next most restrictive Commercial District from that in which the nonconforming use is located.

   (f)   The change of nonconforming uses as provided in this section shall not extend the time for the termination of nonconforming uses.

   A nonconforming use shall not be expanded or enlarged, except in accordance with the provisions of this section.

   (a)   The floor area of a nonconforming residential use located within a Manufacturing or Commercial District may be expanded by up to twenty-five percent of the original floor area already in nonconforming use. However, no expansion shall be permitted that would increase the number of dwelling units.

   (b)   The floor area of a nonconforming use may be expanded, and the land area of a nonconforming use may be enlarged, to permit compliance with off-street parking, off-street loading and performance standards which may apply.

   Maintenance and repair shall be required of every nonconforming building or structure and of every building or structure occupied, in whole or in part, by a nonconforming use, as set forth in the Codified Ordinances of the City of South Euclid. A building or structure occupied by a nonconforming use shall not be altered, except in accordance with the following provisions:

   (a)   A structural alteration of a building or structure containing a nonconforming use shall not be made, unless:

      (1)   Such alteration is required by some provision of the Codified Ordinances of the City of South Euclid;

      (2)   Such alteration is made pursuant to the provisions controlling expansion or enlargement;

      (3)   The purpose of the alteration is to convert the building or structure to a conforming use; or

      (4)   The purpose of the alteration is to comply with applicable regulations of this Planning and Zoning Code.

   (b)   A nonconforming residential use located within a Manufacturing or Commercial District may be structurally altered or repaired in any manner to improve interior livability, provided that no such improvement shall be permitted if it would result in an increase in the number of dwelling units or exceed the area, yard or height provisions of Chapters 726 and 727.

   The right to maintain and operate a nonconforming use shall terminate immediately when:

   (a)   A nonconforming use is substituted for a conforming use;

   (b)   A nonconforming use is substituted for another nonconforming use, contrary to the provisions of this Planning and Zoning Code;

   (c)   A false registration is filed or there is a failure to register in accordance with the provisions of Section 751.01; or

   (d)   A nonconforming use is vacant, not operated or not in use for a continuous period of six months or more. Intent to resume operation or use shall not affect this provision.

   (a)   If fifty percent or more of the total floor area of a building or structure substantially occupied by a nonconforming use is damaged or destroyed by any cause, the right to maintain and operate such nonconforming use shall terminate immediately. Where the Zoning Administrator finds that floor area is an inappropriate measure of damage or destruction, he or she shall determine the cost of repair or reconstruction of the building or structure to its previous condition. If such costs exceed fifty percent of the reconstruction cost of the entire building to the condition existing on the date of the damage or destruction, the right to maintain and operate such nonconforming use shall terminate immediately.

   (b)   If a building or structure occupied by a nonconforming use becomes obsolete or substandard, as determined by any applicable provision of the Codified Ordinances of the City of South Euclid, and the cost of bringing the building or structure into conformity with such provision exceeds fifty percent of the replacement cost of such building or structure on the date it is lawfully determined to be obsolete or substandard, the right to maintain and operate such nonconforming use shall terminate immediately.

   (c)   The lawful repair of any nonconforming use, as determined by application of the provisions of this section, shall commence within one year of the date of damage or destruction, or within one year of the date such use is lawfully determined to be obsolete or substandard, or the right to maintain such use shall be terminated.

   In determining the cost of repair or replacement of any building or structure, the Zoning Administrator shall not consider the cost of the land or any items other than the building or structure itself.

   (a)   Notwithstanding any other provision of this Title, the following nonconforming uses may be declared to be public nuisances and, if so declared, shall be terminated in accordance with the provisions of this Planning and Zoning Code. Nothing in this section shall affect the legality of previous orders requiring the termination of nonconforming uses, nor extend the time limit established prior to enactment of this section for the termination of nonconforming uses.

   (b)   In all zoning districts, the following nonconforming uses shall terminate and be discontinued as set forth herein:

      (1)   A nonconforming use of land, no part of which involves the use of a building or structure, or a nonconforming use of land, any part of which involves the use of an accessory building or structure with an assessed valuation of ten thousand dollars ($10,000) or less, shall terminate and be discontinued not more than three years from the effective date of this section or three years after such use becomes nonconforming.

      (2)   A nonconforming junk or wrecking yard shall terminate and be discontinued not more than three years from the effective date of this section or three years after such use becomes nonconforming.

      (3)   A nonconforming sign shall terminate and be discontinued not more than six years from the effective date of this section or six years after such use becomes nonconforming. However, in a Residential District, a sign maintained in connection with a nonconforming use may be continued for the duration of the life of such nonconforming use, provided such sign does not exceed three times the permitted size of signs in a Residential District and is otherwise conforming.

   The use of a noncomplying building or other structure may be continued, except as otherwise provided herein:

   (a)   If a noncomplying building or other structure is damaged or destroyed by any means, such building or other structure shall be reconstructed only in accordance with the bulk regulations specified for the district in which it is located, if the value of such building or other structure after such damage or destruction is less than twenty-five percent of its value prior thereto. In establishing value, the Zoning Administrator shall consider only the ratio of the assessed value of such building or other structure, as determined within one month after such damage or destruction, to the current assessed value prior thereto, provided that on appeal the Zoning and Building Standards Board of Appeals may consider any other substantiating evidence of value.

   (b)   A noncomplying building or other structure may be enlarged, provided that no enlargement is permitted which would either create a new noncompliance or increase the degree of noncompliance of any portion of the building or other structure.

   (c)   Normal maintenance, repairs or structural alterations are permitted in a noncomplying building or other structure, except that alterations creating enlargements shall be subject to the provisions of subsection (b) hereof.

   (d)   Notwithstanding the provisions of Part Seven Title Two of the Planning and Zoning Code, a nonconforming two-family building located in an "A Single-Family" zoning district may be rebuilt to the previously-existing size and footprint and used for two-family purposes, and the Building Commissioner may issue applicable building permits accordingly, even if the building is destroyed to an extent exceeding sixty percent of its market value, provided the following conditions are met:

      (1)   No later than thirty days after the event causing damage or destruction of the building, the owner, mortgagee or other person having a legal interest in the property provides written proof to the City of the existence of insurance or financing adequate to reconstruct/repair the building and written notice of its intent to so reconstruct/repair the building;

      (2)   The owner, mortgagee or other person having a legal interest in the property applies for all necessary building permits for the reconstruction/repair of the property no later than ninety days after the event causing damage or destruction of the property; and

      (3)   The reconstruction or repair of the property is substantially completed within one year of the event causing damage or destruction of the property.

(Ord. 02-17. Passed 4-12-17.)