§ 153.396. Structures and uses nonconforming by use district.

Where, at the time of the adoption or amendment of this Zoning Code, lawful uses of buildings, structures, land, and premises exist which would not be permitted under the subdivision of uses imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided that:

A.

No such nonconforming use 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 Zoning Code.

B.

No such nonconforming use structure shall be enlarged or altered in a way which increases or maintains its nonconformity except as provided in Section 153.404, but any structure or portion thereof may be altered to decrease or eliminate its nonconformity. No additional structure not conforming to the requirements of this Zoning Code or an amendment thereof shall be erected in connection with a nonconforming use of land, except as provided in Section 153.404.

C.

A building, structure, or premises devoted to a nonconforming use, if changed to a use included in the subdivision of uses for the district in which it is located, shall not thereafter be used except in conformity with the subdivision of uses. A nonconforming use may be arranged to another nonconforming use only if such use is included in the subdivision of uses for the district in which the nonconforming use is included, or a district that precedes, in Section 153.225, the subdivision in which the nonconforming use is included.

D.

When a nonconforming use of a structure or premises other than a sexually oriented business use, is voluntarily discontinued or abandoned for more than two years, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located.

E.

Any sexually oriented business lawfully operating on the effective date of Section 153.299 of this code that is in violation of Section 153.299 of this code shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private elementary or secondary school, public park or library within one thousand feet, or a residential district within five hundred feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the subdivision of uses for the use district in which it is located. Penalty, see § 153.199.

(Prior code § 153.258; Ord. 184-1996; Ord. 511-1982; Ord. 322-1976)