The lawful use of land existing at the time of the adoption (October 1, 1956) of this Zoning Code may be continued, although such use does not conform to the regulations specified by this Zoning Code for the district in which such land is located. However no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption (October 1, 1956) of this Zoning Code, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption (October 1, 1956) of this Zoning Code. Further, if any such nonconforming use of land ceases for any reason for any continuous period of more than 30 days, any subsequent use of such land shall be in conformity to the regulations specified by this Zoning Code for the district in which such land is located.
The lawful use of a building existing at the time of the adoption (October 1, 1956) of this Zoning Code, although such use does not conform to the regulations specified by this Zoning Code for the district in which such building is located may be continued. Any such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Zoning Code, but no such use shall be extended to occupy any land outside such building. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the Board of Zoning Appeals, either by general rule adopted by the Board or on a specific finding on appeal in a particular case, is of the same or of a more restricted nature.
Nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date (October 1, 1956) of this Zoning Code and upon which actual building construction has been diligently carried on. Actual construction is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner. Further, actual construction on work shall be diligently carried on until the completion of the building involved.
1276.04 CESSATION OF NONCONFORMING USE; MOVING BUILDINGS.
If any nonconforming use of a building ceases for any reason for a continuous period of more than one year, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity to the regulations specified by this Zoning Code for the district in which such building is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent location and use of any building thereon shall be in conformity to the regulations specified by this Zoning Code for the district in which such land is located.
(a) No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations specified by this Zoning Code for the district in which such building is located shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use permitted under the regulations specified by this Zoning Code for such district. However, work may done in any period of 12 consecutive months on ordinary repairs, or on repairs or replacements of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the of the building's assessed value, according to the assessment thereof by the Cuyahoga County Auditor for the year in which such work is done, provided that the cubical content of the building as it existed at the time of the passage (October 1,1956) of this Zoning Code is not increased and provided further that nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Commissioner and by him ordered to be strengthened or restored to a safe condition, unless such building has been destroyed to an extent of more than 50% of the assessed value thereof according to the assessment thereof by the County Auditor for the year during which such destruction occurs.
(b) If at any time any building in existence or maintained at the time of the adoption (October 1, 1956) of this Zoning Code which does not conform to the regulations for the district in which it is located shall be destroyed by any means to an extent of more than 50 % of the assessed value thereof, according to the assessment thereof by the County Auditor for the year during which such destruction occurs, or if such building is moved for any reason for any distance whatever from the exact location occupied by such building at the time of the adoption (October 1, 1956) of this Zoning Code, then, in any such event, the building and the land on which the building was located or maintained shall, from and after the date of the destruction or moving, be subject to all the regulations specified by this Zoning Code for the district in which such land and building are located.
Any use for which a special permit is required or for which a special permit may be granted as provided in this Zoning Code, which use is existing at the time of the adoption (October 1, 1956) of this Zoning Code in any district in which such use is specifically permitted, subject to the securing of a special permit, shall, without further action, be deemed to be a conforming use in such district.
In the case of use of land or building existing under a temporary permit issued by the City and outstanding at the time of the adoption (October 1, 1956) of this Zoning Code, the provisions of Sections 1276.01 and 1276.02 shall not be interpreted as lengthening the lawful period of such use beyond the limits specified in such permit, and if no time limit has been specified in such permit, the lawful period of such use shall be six months from the time of the adoption (October 1, 1956) of this Zoning Code.
The lawful use of land existing at the time of the adoption (October 1, 1956) of this Zoning Code may be continued, although such use does not conform to the regulations specified by this Zoning Code for the district in which such land is located. However no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the adoption (October 1, 1956) of this Zoning Code, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption (October 1, 1956) of this Zoning Code. Further, if any such nonconforming use of land ceases for any reason for any continuous period of more than 30 days, any subsequent use of such land shall be in conformity to the regulations specified by this Zoning Code for the district in which such land is located.
The lawful use of a building existing at the time of the adoption (October 1, 1956) of this Zoning Code, although such use does not conform to the regulations specified by this Zoning Code for the district in which such building is located may be continued. Any such use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this Zoning Code, but no such use shall be extended to occupy any land outside such building. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the Board of Zoning Appeals, either by general rule adopted by the Board or on a specific finding on appeal in a particular case, is of the same or of a more restricted nature.
Nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date (October 1, 1956) of this Zoning Code and upon which actual building construction has been diligently carried on. Actual construction is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner. Further, actual construction on work shall be diligently carried on until the completion of the building involved.
1276.04 CESSATION OF NONCONFORMING USE; MOVING BUILDINGS.
If any nonconforming use of a building ceases for any reason for a continuous period of more than one year, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity to the regulations specified by this Zoning Code for the district in which such building is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent location and use of any building thereon shall be in conformity to the regulations specified by this Zoning Code for the district in which such land is located.
(a) No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations specified by this Zoning Code for the district in which such building is located shall be enlarged, extended, reconstructed, structurally altered or moved unless such use is changed to a use permitted under the regulations specified by this Zoning Code for such district. However, work may done in any period of 12 consecutive months on ordinary repairs, or on repairs or replacements of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the of the building's assessed value, according to the assessment thereof by the Cuyahoga County Auditor for the year in which such work is done, provided that the cubical content of the building as it existed at the time of the passage (October 1,1956) of this Zoning Code is not increased and provided further that nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Commissioner and by him ordered to be strengthened or restored to a safe condition, unless such building has been destroyed to an extent of more than 50% of the assessed value thereof according to the assessment thereof by the County Auditor for the year during which such destruction occurs.
(b) If at any time any building in existence or maintained at the time of the adoption (October 1, 1956) of this Zoning Code which does not conform to the regulations for the district in which it is located shall be destroyed by any means to an extent of more than 50 % of the assessed value thereof, according to the assessment thereof by the County Auditor for the year during which such destruction occurs, or if such building is moved for any reason for any distance whatever from the exact location occupied by such building at the time of the adoption (October 1, 1956) of this Zoning Code, then, in any such event, the building and the land on which the building was located or maintained shall, from and after the date of the destruction or moving, be subject to all the regulations specified by this Zoning Code for the district in which such land and building are located.
Any use for which a special permit is required or for which a special permit may be granted as provided in this Zoning Code, which use is existing at the time of the adoption (October 1, 1956) of this Zoning Code in any district in which such use is specifically permitted, subject to the securing of a special permit, shall, without further action, be deemed to be a conforming use in such district.
In the case of use of land or building existing under a temporary permit issued by the City and outstanding at the time of the adoption (October 1, 1956) of this Zoning Code, the provisions of Sections 1276.01 and 1276.02 shall not be interpreted as lengthening the lawful period of such use beyond the limits specified in such permit, and if no time limit has been specified in such permit, the lawful period of such use shall be six months from the time of the adoption (October 1, 1956) of this Zoning Code.