§ 214.265 PURPOSE.

The purpose of this subchapter is to describe nonconforming uses and nonconforming buildings and the conditions that apply to their termination and removal, additions and enlargements, repairs and maintenance, restoration and repair after damage or destruction, and to their continuation of use.

Within the districts established by this subchapter or by amendments which may later be adopted, there exists; lots; structures; uses of land and structures; and, characteristics of use, which were lawful before this subchapter was passed or amended, which would be prohibited, regulated or restricted under the terms of this subchapter or future amendments. It is the intent to permit these nonconformities to continue until they are removed. It is further the intent of this subchapter that nonconformities, except as otherwise noted or required by law, shall not be made more nonconforming, nor be used as the grounds for adding other structures or uses prohibited elsewhere in the district.



§ 214.266 INCOMPATIBILITY OF NONCONFORMING USES.

Nonconforming uses are declared by this subchapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination, shall not be extended or enlarged after the passage of this subchapter if said extension or enlargement makes the nonconforming building or use more nonconforming. In addition, no additional signs intended to be seen from off the premises or additional uses of a nature which would be prohibited generally in the district involved, shall be permitted.



§ 214.267 AVOIDANCE OF UNDUE HARDSHIP.

To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction or designated use of a building on which the actual and physical construction was lawfully begun prior to the enactment of this subchapter and upon which actual physical building construction has been carried on diligently. Actual physical construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition, or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition, or removal shall be deemed to be actual construction; provided, that the work shall be carried on diligently.



§ 214.268 NONCONFORMING LOTS OF RECORD.

(A) Single nonconforming lots of record. In any district in which single-family dwellings are permitted, a single family dwelling may be constructed on a nonconforming lot of record, notwithstanding limitations imposed by other provisions of this subchapter. Such lot must be in separate ownership and not be of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable within the district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.

(B) Nonconforming lots of record in combination. If two (2) or more lots or combinations of lots and portions of lots with contiguous frontage in single ownership are of record at the time of enactment of this subchapter or amendments thereto, and if all or parts of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this subchapter, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this subchapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this subchapter.



§ 214.269 NONCONFORMING USES OF LAND AND STRUCTURES.

(A) Nonconforming uses of land. Where, at the time of adoption of this subchapter, lawful uses of land exist which would not be permitted by the regulations imposed by this subchapter, the uses may be continued so long as they remain otherwise lawful, provided:

(1) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this subchapter, except as may be required by law.

(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this subchapter, except as may be required by law.

(3) If any such nonconforming uses of land are discontinued or abandoned for more than one (1) year (except when government action impedes access to the premises),any subsequent use of such land shall conform to the regulations specified by this subchapter for the district in which such land is located.

(4) No additional structure which does not conform to the requirements of this subchapter shall be erected in connection with such nonconforming use of land.

(B) Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this subchapter that could not now be built under the terms of this chapter by reasons of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, except as required by law, but any structure may be altered to decrease its nonconformity.

(2) Should any nonconforming structure or nonconforming portion of a structure be destroyed by any means to the extent that fifty (50%) percent of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this subchapter.

(3) Should such structure be moved for any reason for any distance whatever, it shall therefore conform to the regulations for the district in which it is located after it is moved.

(C) Nonconforming uses of structures or of structures and land. In combination. If a lawful use involving individual structures, or if a structure and land in combination, exists at the effective date of adoption or amendment of this subchapter that would not now be allowed in the district under the terms of this subchapter, this lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, moved, constructed, reconstructed, or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located, or except as required by law.

(2) A nonconforming use may be extended throughout any part of the building which were manifestly arranged or designed for such use at the time of adoption or amendment of this subchapter, but no such use shall be extended to occupy any land outside such building, except as required by law.

(3) Any structure, or structure and land in combination, in or on which a nonconforming use is substituted by a conforming use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(4) When a nonconforming use of a structure, or of a structure and land in combination is discontinued or abandoned for more than one (1) year (except when government action impedes access to the premises), the structures or structures and land in combination, shall not thereafter be used except in conformance with the regulation of the district in which it is located.

(5) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

§ 214.270 REPAIRS AND MAINTENANCE.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not to exceed ten (10%) percent of the current replacement cost of the nonconforming structure and market value of real estate, 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 part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.



§ 214.271 CHANGING THE USE OF A NONCONFORMING USE.

A nonconforming use as described in this subchapter shall not be changed to another use unless the resultant use meets a use which is first permitted in the current zoning classification.