Within the zoning districts established by this chapter, or amendments that may later be adopted, there exist lots, uses of land, buildings, structures, and combinations thereof which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district, except in certain instances in which the non-conformity relates only to set-back requirements, as described in § 156.131(H).

(Ord. 80-0-24, passed 1-12-81; Am. Ord. 00-O-1, passed 2-14-00) Penalty, see § 156.999

   Lawful nonconforming uses of land, buildings, structures, or combinations thereof may continue subject to the following conditions and specifications:

   (A)   A nonconforming use of land (outside a building) shall be made to conform to the provisions of this chapter within a period of two years after adoption of this chapter.

   (B)   Any nonconforming use of land, building, or structure which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to the provisions of this chapter.

   (C)   Any nonconforming building or structure which has been destroyed or damaged by fire, explosion, act of God, or by a public enemy to the extent of 50% or more of its replacement value shall not be reconstructed except in conformity with the provisions of this chapter.

   (D)   Any nonconforming signs or billboards shall be removed in accordance with §§ 157.115 through 157.117. All billboards shall be considered nonconforming.

   (E)   No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel not occupied by such use at the effective date of adoption or amendment of this chapter.

   (F)   Should a nonconforming building or structure be moved for any reason for any distance whatever, it shall there-after conform to the regulations for the district in which it is located after it is moved.

   (G)   The use of a nonconforming structure or building may be changed only to a use conforming to the district in which the property is located.

   (H)   No nonconforming building shall be enlarged or structurally altered except:

      (1)   To make it a conforming building; or

      (2)   In the instance that the non- conformity relates only to set-back requirements and like non-conformities commonly exist elsewhere within the same block or neighborhood, but in all instances, the enlargement or structural alteration shall itself be consistent with code requirements. A nonconforming use of a building existing at the time of the adoption of this chapter, or an amendment thereto, may be extended throughout the building provided that no structural alterations, except those required by ordinance or law, are made therein, and provided that approval is granted by the Zoning Board of Appeals.

(Ord. 80-0-24, passed 1-12-81; Am. Ord. 00-O-1, passed 2-14-00) Penalty, see § 156.999

   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plan, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been carried out diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.

(Ord. 80-0-24, passed 1-12-81)

   On any nonconforming building or structure, or portion of a building or structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.

(Ord. 80-0-24, passed 1-12-81)

   Any use which exists at the time of adoption or amendment of this chapter and which is a special use in the district in which it is located under the terms of this chapter, shall not be deemed a nonconforming use, but shall without further action be considered a conforming use. In such cases, no special use permit shall be required. Nothing in this section shall, however, preclude the possibility that, although the use may be considered conforming, the building, structure, or lot where the use is located is still nonconforming.

(Ord. 80-0-24, passed 1-12-81)