§ 656.705. Nonconforming uses of land (also land with minor structures only).

Where, on September 5, 1969, or the effective date of an amendment to the Zoning Code, an unlawful use of land exists which would not be permitted by the regulations imposed by the Zoning Code and where this use involves no individually, permanently fixed structure and land with minor structures only [for these purposes defined as a structure or structures whose just value does not exceed four thousand dollars], such use may be continued so long as it is not specifically made unlawful, impermissible or prohibited in the Zoning Code, the Charter or elsewhere in the Ordinance Code and there is stated an intent that such unlawful use shall be ceased by a date certain or upon the occurrence of some specified event; provided, however, that:

(a)

The nonconforming use shall not be enlarged, increased, intensified or extended to occupy a greater area of land than was occupied on September 5, 1969, or the effective date of the amendment to the Zoning Code.

(b)

The nonconforming use shall not be moved in whole or in part to a portion of the lot or parcel other than that occupied by the use on September 5, 1969, or on the effective date of the amendment to the Zoning Code.

(c)

If the nonconforming use ceases for any reason (except when governmental action impedes or denies access to the premises) for a period of 12 consecutive months for any residential use or six consecutive months for any nonresidential use, subsequent use of land shall conform to the regulations specified by the Zoning Code for the district in which the land is located.

(d)

No land in nonconforming use shall be divided so that more parcels of nonconforming lands are created nor shall a structure be added on the land except for purposes which are in conformity with the regulations of the district.

(Ord. 91-59-148, § 1; Ord. 2007-1047-E, § 2)