Within the conventional zoning districts established by this Zoning Code, there exist lots, structures, uses of land and/or structures and characteristics of land use that were lawful before this Zoning Code was adopted, but which are no longer permitted. With regard to most nonconformities, it is the intent of this chapter to permit them to continue until they are discontinued for a long enough period to be deemed abandoned, or so severely damaged that they are substantially destroyed. It is further the intent of this section that nonconformities not be enlarged, expanded, extended or intensified. However, it is recognized that all nonconformities do not represent the same negative impact on the purposes of zoning, and some relief from these restrictions may be in the public interest as well as the interest of the owner of the nonconformity.

(Ord. 16-2003. Passed 5-1-03.)

   Except as specified in this chapter, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged, or altered, except in conformity with the regulations herein specified for the zoning district in which it is located, the supplementary regulations applicable to all zoning districts, and the supplementary regulations applicable to specific uses.

(Ord. 16-2003. Passed 5-1-03.)

   Nothing contained in this Zoning Code shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof, for which official approvals and required building permits have been granted before the enactment of this Zoning Code, the construction of which, conforming with such plans, shall begin within the period of the permit's validity and continue to completion without interruption, except for causes beyond the builder's control.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   In Residential Districts. In any residential district, a one-family detached dwelling may be erected on any single lot of official record as of the effective date of this Zoning Code, even though by reason of its lot area, width, or depth, the lot does not meet minimum requirements of the zoning district wherein it is located, provided that the following requirements are met:

      (1)   The lot shall not be less than 50 feet wide.

      (2)   The sum of the side yard widths on any such lot of record shall be at least 25% of the width of the lot.

      (3)   The width of each side yard shall not be less than 10% of the width of the lot.

      (4)   The depth of the rear yard of any such lot need not exceed 20% of the depth of the lot, but in no case shall it be less than 30 feet.

      (5)   The residence to be constructed meets the minimum floor area requirements of the zoning district wherein located.

   (b)   In Other Districts. In any nonresidential district, a building designed for any permitted use in the district may be erected on any lot of official record as of the effective date of this Zoning Code, provided that the building complies with all district regulations. However, the width of any required side yard may be adjusted by applying the following equation, where "X" is the adjusted side yard width:

   X = Actual lot width x normally required side yard ÷ normally required lot width.

(Ord. 16-2003. Passed 5-1-03.)

   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 adoption of this Zoning Code, and if part or all of the lots do not meet the requirements established for lot width and area, the lands involved shall be replatted to create as many lots as possible which conform to such requirements, or which conform to the maximum extent possible, before considering the combined lots as one or more lots of record. No portion of such lot or parcel shall be used or sold, the conveyance of which diminishes the potential for a combination of lots that decreases the nonconformity of a parcel or parcels. No division of any parcel may be made which increases the nonconformity of the parcel or which creates any new lot that does not fully conform to the width and area requirements of this Zoning Code.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Continuation. Any structure which is of such a size, height or location that it does not meet the applicable zoning requirements, may be continued, so long as it remains otherwise lawful, subject to the restrictions of divisions (b) through (d) of this section.

   (b)   Enlargement, Repair, Alterations. Any structure described in division (a) of this section may be enlarged, maintained, repaired or altered. However, no such enlargement, maintenance, repair, or alteration shall neither create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structures; except that for structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by Section 1254.04(a) or (b), whichever is applicable.

   (c)   Damage or Destruction. In the event that any structure described in division (a) of this section is damaged or destroyed, by any means, to the extent of more than 75% of the current replacement cost of the entire structure, exclusive of foundation, the structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located except that as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by Section 1254.04(a) or (b), whichever is applicable.

   (d)   Moving. No structure described in division (a) of this section shall be moved in whole or in part, for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it will be located after being moved.

(Ord. 16-2003. Passed 5-1-03.)

   (a)   Continuation. Any lawfully existing nonconforming use of all or part of a structure or any lawfully existing nonconforming use of land not involving a structure may be continued, so long as otherwise lawful, subject to the restrictions of this section.

   (b)   Extension of Use. Any lawfully existing nonconforming use of part of a structure may be enlarged or extended within the structure, but may not be extended or enlarged by the use of additional land outside the structure, except as permitted under Section 1254.06(b).

   (c)   Expansion of Parking. Nothing in this section shall in any way prohibit a nonconforming use from acquiring or developing additional off-street parking space, provided the expansion meets with the off-street parking regulations prescribed in Chapter 1262.

   (d)   Damage or Destruction. In the event that any building or other structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means, to such an extent that the cost of restoration to the condition in which it was before the damage or destruction exceeds 75% of the current replacement cost of the entire building or other structure, exclusive of foundation, the building or other structure shall not be restored unless the building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

   (e)   Moving. No nonconforming land use shall be relocated, in whole or in part, to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district to which it is relocated.

   (f)   Discontinuance. In the event that operation of a nonconforming use of land, buildings or structures is discontinued for a period of 547 days or longer, including failure to complete the restoration of damaged buildings or structures, the nonconforming use, building or structure shall not thereafter be reestablished, rebuilt or restored and any subsequent use or occupancy of such building or other structure shall conform to the regulations of the district in which it is located. See Ohio R.C. 713.15. Calculation of the 547-day period set forth above shall begin with and include the entire day after the cessation of the nonconforming use and shall end with and include the 547th day. No use or lack of use, or activity or lack of activity on the premises during the 547-day period set forth above shall operate to extend a period of discontinuance. However, if the same nonconforming use is re-established during the 547-day period set forth above, the period of discontinuance shall end and any subsequent cessation of that re-established use shall start another 547-day period.

   (g)   Nonconforming Accessory Uses. No nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.

(Ord. 16-2003. Passed 5-1-03; Ord. 19-2006. Passed 7-20-06.)

   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of a building or other structure, other than a damaged or destroyed building or other structure subject to the provisions of Section 1254.07(d), in accordance with the order of a public official who is charged with protecting the public safety and who declares the building or other structure to be unsafe and orders its restoration to a safe condition.

(Ord. 16-2003. Passed 5-1-03.)