Village of Boston Heights OH, Planning and Zoning Code  

CHAPTER 1173
Nonconforming Uses

CROSS REFERENCES

Nonconforming use defined - see P. & Z. 1141.33

Permit required to alter building - see P. & Z. 1147.02

Permitted uses - see P. & Z. individual district chapters

Construction prior to this Zoning Ordinance - see P. & Z. 1171.12

1173.01 EXISTING NONCONFORMING USES.

The lawful use of any dwelling or structure on any land or premises existing and lawful at the time of the enactment of this Zoning Ordinance (July 10, 1951), or supplement or amendment thereto, may continue although such use does not conform with the provisions of this Zoning Ordinance, supplement or amendment. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use such use shall not thereafter be changed to a less restricted use.
(Ord. 87-1951. Passed 7-10-51.)

1173.02 USES MADE NONCONFORMING BY AMENDMENT.

Whenever the use of any dwelling, building or structure or any land or premises becomes nonconforming through an amendment of this Zoning Ordinance, such use may continue and if no structural alterations are made, it may be changed to another nonconforming use of the same or a more restricted classification. (Ord. 87-1951. Passed 7-10-51.)

1173.03 DISCONTINUED NONCONFORMING USES.

In the event that a nonconforming use of any dwelling, building or structure or of any land or premises is voluntarily discontinued for a period of one year or more, any future use of such land, building or structure shall be in conformity with the provisions of this Zoning Ordinance.
(Ord. 87-1951. Passed 7-10-51.)

1173.04 EXTENDING AN EXISTING NONCONFORMING USE.

No existing building or premises devoted to a use not permitted by this Zoning Ordinance in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located or unless an enlargement is approved by the Board of Zoning Appeals under Section 1145.04.
(Ord. 87-1951. Passed 7-10-51.)

1173.05 RESTORATION OF DAMAGED BUILDING.

When a building, the use of which does not conform to the provisions of this Zoning Ordinance, is damaged by fire, explosion, act of God or the public enemy, to the extent of more than sixty percent (60%) of its reproduction value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.
(Ord. 87-1951. Passed 7-10-51.)

Boston Heights Overlook

2001 Replacement