CHAPTER 1113

Nonconforming Uses or Buildings

1113.01 Continuation of existing.
1113.02 Enlargement, substitution and extension prohibited; exceptions.
1113.03 Discontinuance.
1113.04 Nonconforming use of land; discontinuance.
1113.05 Performance standards.
1113.06 Replacing damaged.
1113.07 Repairs and alterations.

CROSS REFERENCES

Council may amend districting or zoning - see Ohio R.C. 713.10
Nonconforming uses, retroactive measures - see Ohio R.C. 713.15
Nonconforming use defined - see P. & Z. 1101.04(63)
Performance standards - see P. & Z. Ch. 1165
Height and yard modifications - see P. & Z. Ch. 1177
Housing standards for space, use and location - see BLDG. 1361.06


1113.01 CONTINUATION OF EXISTING.
Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of this Zoning Code may be continued, even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located.
(Ord. 196. Passed 11-21-63.)


1113.02 ENLARGEMENT, SUBSTITUTION AND EXTENSION PROHIBITED; EXCEPTIONS.

No existing building or premises devoted to a use not permitted by this Zoning Code in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:

(a) When authorized by the Board of Zoning Appeals in accordance with the provisions of Chapter 1193, the substitution for a nonconforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.

(b) When authorized by the Board, in accordance with the provisions of Chapter 1193, the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on an adjoining lot may be made, provided that such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and where such extension is necessary and identical to the existing use of such building.

(c) When authorized by the Board, in accordance with the provisions of Chapter 1193, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of the building became nonconforming, if no structural alterations except those required by law are made therein.

(d) Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 196. Passed 11-21-63.)


1113.03 DISCONTINUANCE.
No building, structure or premises where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.
(Ord. 196. Passed 11-21-63.)


1113.04 NONCONFORMING USE OF LAND; DISCONTINUANCE.
All nonconforming uses of land not involving any building or structure may be continued for a period of two years after the date of enactment of this Zoning Code, at the end of which period, such nonconforming use shall cease or shall be changed to a conforming use.
(Ord. 196. Passed 11-21-63.)


1113.05 PERFORMANCE STANDARDS.
All uses that are nonconforming at the time of adoption of this Zoning Code, by reason of noncompliance with the provision of Chapter 1165, if not otherwise stipulated by the Board of Zoning Appeals, shall adopt necessary measures to conform therewith within three years of the adoption of this Zoning Code.
(Ord. 196. Passed 11-21-63.)


1113.06 REPLACING DAMAGED.
Any nonconforming building or structure damaged more than sixty percent of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence but if less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before, provided that it is done within six months of such occurrence.
(Ord. 196. Passed 11-21-63.)


1113.07 REPAIRS AND ALTERATIONS.
Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations shall be made except such as are required by law or ordinance or authorized by the Board of Zoning Appeals. Except as otherwise provided elsewhere in this Zoning Code, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent of its assessed value for tax purposes at such date, unless such building or structure is changed to a conforming use.
(Ord. 196. Passed 11-21-63.)


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