CHAPTER 1483

Non Conforming Uses

 

1483.01  Purpose                                                         1483.05  Alterations

1483.02  Conditions for continuation                             1483.06  Building Uses

1483.03  Destruction of building                                    1483.07  Existence

1483.04  Changes

 

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            1483.01  PURPOSE

            (a)  The purpose of this chapter is to provide for the continuation of uses that do not conform to existing zoning, but which were in operation prior to the enactment of this Zoning Ordinance.

 

            1483.02  CONDITIONS

            (a)  The lawful use of any building, structure or land existing at the time of the enactment of this Zoning Ordinance may be continued, although such use does not conform with this Zoning Ordinance, provided that the conditions set forth in this chapter are complied with.

 

            1483.03  DESTRUCTION OF NONCONFORMING USES

            (a)  No building which has been damaged by any cause whatsoever to the extent of more than fifty percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of this ordinance, and all rights as a Nonconforming use are terminated.  If a building is damaged by less than fifty percent of the fair market value, it may be repaired or reconstructed and used as before th time of damage, provided that such repairs or reconstruction be substantially completed within six months of the date of such damage.

 

            1483.04  CHANGES

            (a) No non conforming building, structure or use shall be changed to another non conforming use.

 

            1483.05  ALTERATIONS

            (a)  A Nonconforming building or structure may be altered, improved or reconstructed, but not enlarged or extended, provided that such work is not to an extent exceeding in aggregate a cost of fifty percent of the replacement value of the building or structure, unless the building or structure is changed to a conforming use.

 

            1483.06  BUILDING USES

            (a)  All uses existing at the time of the enactment of this Zoning Ordinance or an amendment thereto, shall be aloud to act as before unless otherwise stated elsewhere.

 

            1483.07  EXISTENCE

            (a) Whether a Nonconforming use exists shall be a question of act and shall be decided by the Zoning Board of Appeals after public notice and hearing and in accordance with the rules of the Board.