§ 153.397. Structures and uses nonconforming because of development regulations.  


Latest version.
  • Where, at the time of the adoption or amendment of this Zoning Code, lawful uses of buildings, structures, land, and premises exist which are included in the subdivision of uses for the district in which they are located, but which could not be permitted under the provisions of this Zoning Code by reason of restrictions on open space, lot coverage, height, yards, parking, location on the lot, or other development requirements, such uses may be continued so long as they remain otherwise lawful, provided that:

    A.

    The lot on which such nonconforming development is located shall not be enlarged unless the additional development on such land conforms to the regulations for the district in which it is located.

    B.

    1.

    No nonconforming portion of a building or structure shall be reconstructed or structurally altered during any ten-year period to an extent exceeding in cost sixty percent of the value at which the building or structure stands on the tax duplicate, or in any one-year period to an extent exceeding thirty percent of such value, unless such reconstruction or alteration reduces the extent of the nonconforming development.

    2.

    These cost limitations may be appealed to the Board of Zoning Appeals under Section 153.404(C). Penalty, see § 153.199.

(Prior code § 153.259; Ord. 322-1976)