The regulations of this chapter govern uses, structures, lots, and other situations that came into existence legally but that do not conform to one or more requirements of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

   A.   In order to encourage development and redevelopment consistent with this Zoning Code and provide property owners with reasonable use of their land, it is the general policy of the City to allow uses, structures, and lots that came into existence legally - in conformance with then-applicable requirements - to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. This chapter establishes regulations governing uses, structures and lots that were lawfully established but that do not conform to one or more existing requirements of this Zoning Code.

   B.   The regulations are further intended to:

      1.    Recognize the interests of property owners in continuing to use their property;

      2.    Promote reuse and rehabilitation of existing buildings; and

      3.    Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

(Ord. 170-04. Passed 3-23-04.)

   Any nonconformity that legally existed on June 6, 2004, or that becomes nonconforming upon the adoption of any amendment to this Zoning Code, may be continued in accordance with the provisions of this chapter.

(Ord. 170-04. Passed 3-23-04.)

   The burden of establishing that a nonconformity is a legal nonconformity rests with the owner of such nonconformity.

(Ord. 170-04. Passed 3-23-04.)

   A.   Incidental repairs and normal maintenance of nonconformities are permitted unless such repairs are otherwise expressly prohibited by this Zoning Code. For the purpose of this provision, repair or replacement of non-bearing walls, fixtures, wiring or plumbing will be considered incidental repairs if the total value of the repairs in any 12 month period does not exceed 25 percent of the current replacement value of the structure.

   B.   Nothing in this chapter will be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of a public official. When improvements are made to restore the property to a safe condition, the cost of such repairs or alterations are not be included in the 25 percent noted in the preceding paragraph.

(Ord. 170-04. Passed 3-23-04.)

   Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management.

(Ord. 170-04. Passed 3-23-04.)

   For existing nonconformities, landowners may request and obtain a Certificate of Zoning Compliance from the Planning Commission.

   A.   Subject to verification procedures established by the Planning Commission, nonconformities documented in a Certificate of Zoning Compliance shall be deemed to be legal nonconformities to the extent documented in the Certificate.

   B.   A record of all Certificates of Zoning Compliance shall be kept on file in the office of the Planning Commission.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)

   A nonconforming use is a land use that was legally established but which is no longer allowed by the use regulations of the zoning district in which it is located. A land use that was legally established without a Special Use Permit will not be deemed nonconforming solely because a Special Use Permit is now required for the subject use.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming use may not be enlarged or expanded except as follows:

   A.   Expansions that eliminate or reduce the nonconforming aspects of the situation are allowed.

   B.   Expansions into a part of a building or other structure that was lawfully and manifestly designed or arranged for such use are allowed.

   C.   Additions that provide additional living space for single-household dwelling units and that comply with applicable dimensional standards are allowed.

   D.   Nonconforming uses of land may be extended or enlarged by up to 10 percent of the total nonconforming use area existing at the time such use became nonconforming. Such extension may not encroach upon any required setback without a variance.

   E.   Garages for the sole purpose of providing off-street parking spaces are allowed.

(Ord. 170-04. Passed 3-23-04.)

   A.   A nonconforming use may not be changed to any use other than a use allowed in the zoning district in which it is located except as provided below.

   B.   A nonconforming use may be changed to another similar or less intensive use subject to the following standards:

      1.    A nonconforming residential use may not be changed to another nonconforming residential use that would increase the number of dwelling units on the site.

      2.    A nonconforming nonresidential use being changed to a residential use must comply with the maximum density requirement of the underlying zoning district.

      3.    For purposes of this subsection, "less intensive use" refers to the zoning district in which such use is first permitted. Use "X" will be construed as less intensive than Use "Y" if use "X" is first permitted by right in a zoning district that is more restrictive than the district in which Use "Y" is first permitted by right. See Section 1104.0107, Use Categories.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming use may not be moved in whole or in part to another location on the lot or parcel unless the movement or relocation eliminates or decreases the extent of nonconformity.

(Ord. 170-04. Passed 3-23-04.)

   A.   Once a nonconforming use is abandoned, the use's nonconforming status is lost and any subsequent use of the property must comply with the regulations of the zoning district in which it is located. A nonconforming use will be considered abandoned when any of the following occurs:

      1.   the intent of the owner to discontinue the use is apparent;

      2.   the use has been voluntarily discontinued for a period of 1 year or more, as specified in Revised Code Sec. 713.15; the use must be in continuous operation for a minimum of 30 days during the 1 year period to maintain legal nonconforming status;

      3.   the characteristic equipment and furnishings associated with the nonconforming use have been removed from the premises and have not been replaced by similar equipment and furnishings within 1 year, unless other facts show intention to resume the non-conforming use;

      4.   the nonconforming use has been replaced by a conforming use;

      5.   the nonconforming use has been changed to another use in accordance with Sec. 1114.0203; or

      6.   a building permit to reconstruct a damaged nonconforming use (in accordance with paragraph C, below) has not been secured within 1 year of the date of occurrence of such damage, or construction has not been diligently pursued.

(Ord. 391-20. Passed 10-6-20.)

   B.   If premises contain more than one nonconforming use and one of the uses is abandoned (as defined in paragraph A., above), the abandoned use's nonconforming status is lost. If, for example, a nonconforming service station and vehicle repair use subsequently abandoned the vehicle repair use, the vehicle repair use would lose its nonconforming status and the site's nonconforming use would be limited to the service station.

   C.   When a building or structure, the use of which does not conform to the provisions of this Zoning Code, has been damaged to the extent of more than 75 percent of the property's fair market value, the use may not be restored except in conformity with the regulations of the underlying zoning district.

(Ord. 170-04. Passed 3-23-04.)

   A use or structure accessory to a principal nonconforming use or structure may not be continued after the principal use or structure has been abandoned, unless the accessory use or structure is also a lawful accessory to the permitted uses of the premises.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming structure is any building or structure, other than a sign, that was legally established but which no longer complies with the Intensity and Dimensional Standards of this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

   Structural alterations, including enlargements, will be permitted if the structural alteration does not increase the extent of nonconformity. When a structure is nonconforming because it encroaches into a required side or rear setback, this provision will be interpreted as allowing other portions of the structure to be expanded out to the extent of the existing encroachment, as long as there is no greater reduction of required setbacks.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming structure may be used for any use allowed in the underlying zoning district.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming structure may be moved in whole or in part to another location on the subject parcel if the movement or relocation decreases or eliminates the nonconformity.

(Ord. 170-04. Passed 3-23-04.)

   A.   Once a nonconforming structure is abandoned, its nonconforming status is lost and the structure, or any reconstructed or replacement structure, must comply with the regulations of the zoning district in which it is located, even if such compliance means that the structure must not remain, may not be reconstructed, and no replacement structure may be constructed. A nonconforming structure will be considered abandoned when any of the following occurs:

      1.    The intent of the owner to discontinue all use of the structure is apparent;

      2.    All use of the structure has been voluntarily discontinued for a period of one year or more, as specified in Revised Code Section 713.15;

      3.    All equipment and furnishings have been removed from the premises and have not been replaced by similar or other equipment and furnishings within one year, unless other facts show intention to resume use of the structure; or

      4.    A building permit to reconstruct a damaged nonconforming structure (in accordance with paragraph B., below) has not been secured within one year of the date of occurrence of such damage, or construction has not been diligently pursued.

   B.   When a nonconforming structure has been damaged other than by a willful act of owner, including demolition by neglect, to the extent of more than 75 percent of the property's fair market value, it may not be reconstructed except in conformity with the regulations of the underlying zoning district. A building permit to reconstruct a damaged nonconforming structure must be obtained within one year of the date of occurrence of such damage and, once issued, construction must be diligently pursued.

   C.   A nonconforming structure that is created as a result of conveyance to the federal, state, or local government as part of eminent domain proceedings may be rebuilt to its previous footprint.

(Ord. 170-04. Passed 3-23-04.)

   A nonconforming lot is a tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means, that

   A.   Was established prior to adoption of the City's first zoning ordinance; or

   B.   Complied with all applicable lot area, lot width and lot depth standards of the zoning district in which it was located at the time of its creation, but which does not comply with the minimum lot area, lot width or lot depth requirements of the zoning district in which it is now located.

(Ord. 170-04. Passed 3-23-04.)

   A. In residential zoning districts, single nonconforming lots may be used for residential uses allowed within the underlying zoning district and related accessory structures, subject to all other applicable standards of the underlying zoning district.

   B. In nonresidential zoning districts, single nonconforming lots may be used for uses allowed within the underlying zoning district, subject to all other applicable standards of the underlying zoning district. If the underlying zoning district allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area, lot width or other dimensional standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

(Ord. 170-04. Passed 3-23-04; Ord. 441-25. Passed 9-23-25.)

   A.   Required side setbacks for nonconforming lots that are less than 50 feet in width are reduced to 10 percent of the lot width, provided that no side setback may be less than 4 feet.

   B.   On nonconforming lots with a width of 40 feet or less, existing buildings may be extended along the same side setback building line, provided that no addition or extension to such building is greater than 12 feet in depth and provided that no such addition or extension encroaches upon front and rear setbacks.

(Ord. 170-04. Passed 3-23-04.)

   This section is primarily aimed at upgrading nonconforming development elements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving buildings or changing facade materials.

(Ord. 170-04. Passed 3-23-04.)

   Exterior changes may be made to the site which are in conformance with this zoning code. Changes which bring the site closer to conformance are allowed. Changes shall be in accordance with the Façade Material and Color provisions of Section 1109.0502 when applicable. Proposed changes that are not in conformance or do not move closer to conformance, are prohibited. Exterior changes include, but are not limited to building permits which result in a change in:

   A.   Landscaping, buffering and screening, see the Landscaping and Screening provisions of Chapter 1108;

   B.   Pedestrian circulation on site, see the Connecting Walkways and Pedestrian Connections provisions of Sec. 1109.0103 and the Pedestrian Circulation provisions of Sec. 1109.0304;

   C.   Facade alterations, see the Design Standards provisions of Chapter 1109; or

   D.   Exterior building color, see the Façade Color provisions of Sec. 1109.0502.

(Ord. 164-07. Passed 3-13-07.)

   This section applies to all commercial, mixed use, institutional, public and multi-family use types regardless if the use is conforming or non-conforming, including changes where there is a change to a different nonconforming use. This section applies except where superseded by more specific regulations in the Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

   The types of other nonconformities to which this section applies include but are not necessarily limited to: landscaping, screening, parking, and other nonconformities not involving structural aspects of a building, location of a building on a lot, lot dimensions or land or building use.

(Ord. 170-04. Passed 3-23-04.)

   Off-street parking nonconformities are specifically addressed at Section 1107.0102.

(Ord. 170-04. Passed 3-23-04.)

   It is the intent of this Zoning Code to encourage the reduction of these other types of nonconformities to the maximum extent feasible as buildings, lots or parking areas are redeveloped or expanded. The extent of such other nonconformities may not be increased, and no use, building or structure may be established, expanded, altered, changed or relocated in such a manner to increase the degree of such other nonconformity.

(Ord. 170-04. Passed 3-23-04.)