1371.01 Nonconforming uses.
1371.02 Completion and restoration of existing buildings.
1371.03 Procedures; assessment of impacts.
1371.04 Public hearing and notice by the City Planning and Zoning Commission.
1371.05 General criteria for all changes or substitution of nonconforming use.
1371.06 Planning and Zoning Commission action on changes or substitution of nonconforming use.
1371.07 Abandonment of nonconforming use.
CROSS REFERENCES
Retroactive legislation regarding nonconforming uses - see Ohio R.C. 713.15
Application for zoning changes - see P. & Z. 1301.03
Nonconforming uses in U6 Districts - see P. & Z. Ch. 1359
Use district exceptions - see P. & Z. Ch. 1375
(a) A nonconforming use existing at the time of the passage of the Zoning Ordinance (Ordinance 2812, passed November 13, 1922) may be continued. A nonconforming use shall not be extended except as authorized by Section 1375.01, but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of the Zoning Ordinance, shall not be deemed the extension of a nonconforming use.
(b) A building arranged, designed or devoted to a nonconforming use at the time of the passage of the Zoning Ordinance may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during the ten-year period, sixty percent of the assessed value of the building, unless the use of such building is changed to a conforming use. A nonconforming use may not be changed unless changed to a more restricted use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use if changed to a more restricted nonconforming use may not thereafter be changed unless to a still more restricted use.
(c) For the purpose of this Zoning Code a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision. For the purpose of this Zoning Code a nonconforming use shall be deemed to be changed to a more restricted use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that, in the arrangement of classes and subdivisions in the classification of uses, precedes the subdivision in which such nonconforming use is included.
(Ord. 2812. Passed 11-13-22; Ord. 178-1959. Passed 9-14-59; Ord. 131-2016. Passed 11-21-16.)
(a) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within thirty days of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of such permit, and which entire building shall be completed according to such plans, as filed, within two years from the date of the passage of this Zoning Ordinance (Ordinance 2812, passed November 13, 1922).
(b) Nothing in this Zoning Code shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the passage of the Zoning Ordinance, or prevent a change of such existing use under the limitations provided in Section 1371.01.
(c) Nothing in this Zoning Code shall prevent the restoration of a wall declared unsafe by the Commissioner of Buildings.
(Ord. 2812. Passed 11-13-22; Ord. 131-2016. Passed 11-21-16.)
Determination of nonconforming status.
(a) Determination by Zoning Commissioner. When the Zoning Commissioner receives an application relating to a lot or building on which a nonconforming use is located, the Zoning Commissioner shall determine if a change of use or substitution of use is proposed, as a result of the activity for which the application has been submitted. If the Zoning Commissioner determines that a change or substitution of nonconforming use is or may be associated with the application then he or she shall notify the applicant in writing and shall withhold action on the application.
(b) Application to Planning Commission. After receipt of notice, the applicant may submit written application to the Planning Commission for review of and action upon the determination. The application shall include information documenting the character of the existing and proposed use(s) and shall address the relevant provisions of this chapter.
(Ord. 131-2016. Passed 11-21-16.)
(a) The City Planning and Zoning Commission shall hold a hearing on the application within 30 days after a complete application has been filed unless otherwise agreed by the applicant. Written notice of the hearing shall be sent at least ten days prior to the hearing by first class mail to the applicant and to the owners of record, as they appear on the County Auditor or Treasurer's current tax list, of all parcels located within 60 feet of the subject parcel.
(b) The notice of such hearing shall state the time, place, date, and subject of the hearing. The failure of delivery of such notice shall not invalidate any subsequent proceedings. Any party in interest may appear and be heard at the hearing in person, by agent, or by attorney.
(c) The City Planning and Zoning Commission may recess such hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(Ord. 131-2016. Passed 11-21-16.)
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