The requirement imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various residential, commercial, and industrial districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, non-conformities are frequently responsible for heavy traffic on residential streets, the over-taxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations in this subchapter are intended to alleviate such existing/potential problems by encouraging the gradual elimination of non-conformities.

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   (A)   Any vacant lot that does not conform to one or more of the lot size requirements of the district in which it is located may be used in the manner indicated at divisions (B) and (C) of this section if it:

      (1)   Is of record on the date of the adoption or amendment of this chapter;

      (2)   Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by the applicable zoning code or other ordinances; and

      (3)   Is at least 50 feet wide.

   (B)   Residential. On any existing non-conforming lot located in any district, any permitted structures may be erected, provided all the bulk (see definitions) and setback regulations of the particular district are observed. If the bulk and setback regulations cannot be met then a variance provided for in § 154.158 must be obtained.

   (C)   Other districts. On any existing non-conforming lot located in the Commercial or Industrial Districts, any structure permitted in the particular district may be erected if the bulk and setback requirements of that district are met. If the bulk and setback regulations cannot be met then a variance provided for in § 154.158 must be obtained.

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   Any lawful structure which exists on the date of the enactment or amendment of this chapter, but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, lot coverage, or other characteristics of the structure, or its location on the lot, may lawfully remain, subject to the following provisions.

   (A)   Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its non-conformity.

   (B)   Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.

   (C)   Reconstruction. Any structure (residential, commercial or industrial) destroyed or damaged may be reconstructed provided it meets the following regulations:

      (1)   The new structure shall not exceed the square footage of the original structure;

      (2)   The setback requirements of the new structure shall not be less than the setback of the original structure; and

      (3)   Construction of the new structure must begin within one (1) year from the date the damage or destruction occurred.

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   If any lawful use occupying a structure exists on the date of the enactment or amendment of this chapter, but would not be allowed under the terms of this chapter, such a use may lawfully continue, subject to the following provisions.

   (A)   Maintenance. Any structure housing a non-conforming use may be maintained through ordinary repairs.

   (B)   Enlargement, alteration, reconstruction, relocation. No structure housing a non-conforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use.

   (C)   Extension of use. No non-conforming use may be extended to any part(s) of the structure not intended or designed to be devoted to such use, nor shall the non-conforming use be extended to occupy any land outside such structure.

   (B)   Change of use. A non-conforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

   (D)   Discontinuance of use. When a non-conforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months or for 18 months during any three-year period, the non-conforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the non-conforming user shall not be counted in calculating the length of discontinuance.

(Ord. passed - - )

   Any lawful use of land existing on the date of the adoption or amendment of this chapter that would not be permitted under the terms of this chapter may lawfully continue, subject to the following provisions.

   (A)   Intensification or extension of use. A non-conforming use of land shall not be intensified, or extended to occupy a greater area of land than was occupied by such use on the date of the adoption or amendment of this chapter.

   (B)   Relocation. No non-conforming use of land shall be moved, in whole or part, unless, upon relocation, such use will conform to all pertinent regulations of the district in which it will be located.

   (C)   Change of use. A non-conforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

   (D)   Discontinuance. When a non-conforming use of land is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance.

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   A non-conforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally out-of-doors and outside of a building or structure shall after three years from the date of notification become a prohibited and unlawful use and shall be discontinued.

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   The regulations of this Article shall not apply to any change in an existing structure or to any change in the use of structure or of land for which a permit was issued prior to the enactment of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is carried out and completed with diligence.

(Ord. passed - - )