Loading...
   1129.03 SUBSTITUTION.
   When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1133, the substitution for a nonconforming use of another not more objectionable nonconforming use shall be permitted.
(Ord. 2023-029. Passed 4-18-23.)
   1129.04 NONCONFORMING USE MADE TO CONFORM.
   Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 2023-029. Passed 4-18-23.)
   1129.05 DISCONTINUANCE OF A USE.
   No building, structure or premises where a nonconforming use has ceased, for a period of one (1) year or more, shall again be put to a nonconforming use.
(Ord. 2023-029. Passed 4-18-23.)
   1129.06 REPLACING DAMAGED BUILDINGS.
   (a)   Any nonconforming building or structure, with the exception of dwellings as provided in subsection (b) herein, damaged more than fifty percent (50%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a nonconforming building or structure.
   If such damage amounts to fifty percent (50%) or less of such fair market value, the nonconforming building or structure may be restored, provided that such restoration does not exceed sixty percent (60%) of the value of the building shown on the tax duplicate of Cuyahoga County at the time of the first expenditure for such construction, and provided further that such restoration begins within six (6) months of the date of the damage.
   (b)   Any single-family dwelling that is damaged or destroyed in any way and to any extent may be restored or reconstructed using at a minimum the minimum living area, lot frontage, lot depth and lot area of the dwelling that existed prior to such damage even if the same would not be conforming under the then current requirements of this Zoning Code, provided that such restoration or reconstruction begins within six (6) months from the time of the damage.
(Ord. 2023-029. Passed 4-18-23.)
   1129.07 REPAIRS AND ALTERATIONS.
   (a)   Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided the total structural repairs and alterations do not, during its life subsequent to the date of its becoming a nonconforming building or structure, exceed sixty percent (60%) of the value of the building shown on the tax duplicate of Cuyahoga County at such date, unless such building or structure is permanently changed to a conforming building or structure, except as provided for in this Zoning Code.
   (b)   If a nonconforming site condition(s) and/or building exists when a revised development plan is required pursuant to Chapter 1131, then such building and/or site condition(s) shall be brought into compliance with district regulations and the applicable regulations in this Zoning Code, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such cases, the Planning Commission may approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable and permits renovation and/or limited expansion of an existing, non-conforming building.
(Ord. 2023-029. Passed 4-18-23.)
   1129.08 BUILDINGS UNDER CONSTRUCTION.
   No change is required by this Zoning Code in the plans, construction or designated uses of a building which does not conform to the regulations of this Zoning Code for the district in which its premises are located, if the permit for such building was issued and construction on it was begun before the passage of this Zoning Code (Ordinance 72-13, passed July 11, 1972) or amendments thereto and completed within eighteen (18) months of the issuance of such permit in accordance with the plans and descriptions on which the permit was issued. For the purpose of this Zoning Code, such construction shall be deemed to be an existing nonconforming use or building/structure, as applicable.
(Ord. 2023-029. Passed 4-18-23.)
   1129.09 NONCONFORMING USE DUE TO RECLASSIFICATION.
   The foregoing provisions of this chapter and other applicable provisions of this Zoning Code shall also apply to buildings, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments to this Zoning Code. However, where this chapter specifies a termination date for the discontinuance of nonconforming buildings or uses in a given category, such a date shall be computed from the date of reclassification or change.
(Ord. 2023-029. Passed 4-18-23.)