[R.O. 2006 §400.290; Ord. No. 415 Art. VI, 3-2-1982]
Any otherwise lawful use of land or structure existing at the
time of adoption of these regulations may be continued, maintained,
and repaired, except as otherwise provided in this Article.
[R.O. 2006 §400.295; Ord. No. 1641 §I, 11-7-2006]
A.
Generally. This Section shall apply only to lots lawfully
recorded with the Warren County Recorder of Deeds prior to March 2,
1982.
B.
Non-Conforming Lots Deemed Buildable. A lot shall meet the
required minimum area, width and/or length for the Zoning District
in which it is platted, except that if a lot or tract of record has
less area, width or length than required by its respective Zoning
District, such lot or tract of land may be used for the building of
a structure, subject to the required zoning restrictions, setbacks,
building permits and any other City ordinance.
[R.O. 2006 §400.300; Ord. No. 415 Art. VI §600, 3-2-1982]
A.
Continuance Of Non-Conforming Uses. The lawful operation
of a non-conforming use as such use existed on or before March 2,
1982, or on the effective date of any amendment hereto by which the
use became a non-conforming use, may be continued; provided however,
that the number of dwelling units in a non-conforming dwelling use
shall not be increased over or exceed the number of dwelling units
existing in the non-conforming use on March 2, 1982.
B.
Extension Of Non-Conforming Uses In Structures. A non-conforming
use in a structure may be extended throughout the structure provided
no structural alterations, except those required by law or ordinance,
are made therein.
C.
Change In Non-Conforming Uses. The non-conforming use of
a building shall not be changed.
D.
Termination Of Non-Conforming Uses. Except as hereinafter
provided a non-conforming use that has been abandoned or discontinued
for six (6) months shall not thereafter be re-established.
E.
Open Land Non-Conforming Use. A non-conforming use not enclosed
in a building or structure, or one in which the use of the land is
a use exercised principally out of doors and outside of a building
or structure shall after three (3) years from the date of notification,
become a prohibited and unlawful use and shall be discontinued.
F.
Destruction, Damage Or Obsolescence Of Structure. The right
to operate and maintain any non-conforming use shall terminate whenever
the structure or structures in which the non-conforming use is operated
and maintained are damaged, destroyed, or become obsolete or substandard
beyond the limits hereinafter established for the termination of non-conforming
structures.
G.
Continuance Of Non-Conforming Structures. Except as hereinafter
provided any non-conforming structure may be occupied and operated
and maintained in a state of good repair.
H.
Enlargement Or Extension Of Non-Conforming Structures. A
non-conforming structure in which a non-conforming use is operated
shall not be enlarged or extended; a non-conforming structure in which
only permitted uses are operated may be enlarged or extended if the
enlargement or extension can be made in compliance with all of the
provisions of this Chapter established for structures in the district
in which the non-conforming structure is located.
I.
Restoration Of Damaged Non-Conforming Structures. A non-conforming
structure damaged in any manner and from any cause whatsoever to the
extent of not more than sixty percent (60%) of its replacement cost
may be restored, provided restoration is completed within six (6)
months of the date of the damage.
