(a) Purpose. The purpose of this chapter is to provide for the eventual and equitable elimination of non-conforming lots, non-conforming uses of land, Chapter, and non-conforming structures which do not conform to the provisions of this Zoning Code, but which were in operation prior to the enactment of this Zoning Code. Non-conforming lots, uses, and structures are declared to be incompatible with the permitted uses in the district involved. It is further the purpose of this Zoning Code that non-conforming lots, uses, and structures of land shall not be enlarged on, extended, nor be used as a basis for adding other structures or uses prohibited in the same district.
(b) Regulations.
(1) Non-conforming lots. In an R-Residential District, dwellings may be erected on any single lot of record existing at the effective date of adoption or amendment of this Zoning Code, even though such lot fails to meet the requirements of area or width, or both, that are generally applicable in the district, provided the yard dimensions and other requirements not involving the area and width of the lot shall conform to the regulations for the district in which such lot is located. The Planning Commission may grant a variance where the strict application of the provisions of this Zoning Code would result in practical or unnecessary hardship in complying with the minimum yard requirements for the district in which such lot is located.
(2) Non-conforming use of land. The lawful use of any land existing at the effective date of adoption or amendment of this Zoning Code may be continued although such use does not conform with the regulations of this Zoning Code, provided the following conditions are met:
A. A non-conforming use shall not be extended, enlarged, or increased to occupy a grater area of land than was occupied at the effective date of the Chapter. The extension of a lawful used to any portion of a conforming structure which existed prior to the enactment of this Zoning Code shall not be deemed to the extension of such non-conforming use.
B. Whenever a non-conforming use has been discontinued for a period of six months or more, such discontinuance shall be considered as conclusive evidence of an intention to legally abandon the non-conforming use. At the end of the six-month period, any subsequent use of the land shall conform to the provisions of this Zoning Code for the district in which such land is located.
C. Non-conforming uses established after the effective date of this Zoning Code shall be declared as illegal non-conforming uses and shall be discontinued no more than 20 days following the date of inspection.
(3) Non-conforming structures. A lawful structure existing at the effective date of adoption or amendment of this Zoning Code may be continued although such structure does not conform to the area, height, or yard provisions of this Zoning Code, provided the following provisions are met:
A. A non-conforming structure may not be altered or enlarged in such a way which increases the nonconformity.
B. A non-conforming structure destroyed or damaged by fire, collapses, explosion, or other acts of God to an extent of 100 percent of its replacement cost, exclusive of the foundation, shall not be reconstructed except in conformity with the provisions of this Zoning Code.
C. Should such structure be moved or transported for any reason and for any distance whatsoever, it shall thereafter conform to the provisions for the district in which it is located after it is removed.
(4) Non-conforming use of structures and land. The lawful use of a structure and land existing at the effective date of adoption or amendment of this Zoning Code may be continued although such use does not conform to the regulations of this Zoning Code, provided the following provisions are met:
A. Whenever a non-conforming use of a structure and land in combination have been discontinued six consecutive months, the structure and premises in combination shall not be reestablished or used except in conformance with the provisions of the district in which it is located.
B. Any non-conforming use of a structure and land in combination may be changed to another non-conforming used of the same or more restrictive classification than the existing non-conforming use by the Planning Commission. In permitting such a change, the Planning Commission may require that the more restrictive non-conforming use meet certain conditions and requirements in accordance with the provisions of this Zoning Code.
C. Where a non-conforming structure and use exist, the removal or destruction of the structure shall eliminate the non-conforming status of the land.
(c) Repairs, Maintenance, and Construction.
(1) Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by an official charged with protecting the general health, safety, and public welfare of the community.
(2) Ordinary repairs and the replacement of non-bearing walls, fixtures, wiring, or plumbing may be done on any building or part thereof devoted to a non-conforming use provided the cubic content of the building as it existed at the effective date of adoption or amendment of this Zoning Code shall not be increased.
(3) Nothing in this Zoning Code shall prohibit the completion or construction and use of a non-conforming building for which a zoning certificate has been issued prior to the effective date of adoption or amendment of this Zoning Code, provided construction is commenced within 30 days after the issuance of such certificate, and the entire building or structure shall have been completed within one year from the date said zoning certificate was issued.
(d) Exempt Non-Conforming Use. Where a special exception or conditional use certificate has been granted for any use as provided in this Zoning Code, such use shall not be classified as a non-conforming use within the district in which it is located.
(e) Example of A Non-Conforming Use Certificate.
VILLAGE OF LEXINGTON, RICHLAND COUNTY, OHIO
NON-CONFORMING USE CERTIFICATE
1.
Location Information
a. Subdivision Name
b. Lot Number Street Address c. Owner's Name
2. Zoning and Use (If "a" and "b" are not the same, a non-conformity exists.)
a. District Classification (Under Zoning Ordinance)
R - Residential District B - Business District I - Industrial District
b. Existing Land Use (Non-conforming with Zoning Ordinance)
One-Family Residence Industry
Two or More Family Residence Other
Business
3. Residential Lot Area and Width Non-conformity
a. Lot Area b. Lot Width
Required Area Required Width Existing Area Existing Width Deficiency Deficiency
4. Front, Side, and Rear Yard Nonconformity
The front, side, and rear yards with reference to existing structures will be checked as permits for building additions are requested.
The following yards existed at the time of request for expansion:
a. Front Yard Feet
b. Rear Yard Feet
c. Side Yard (least) Feet (greatest) Feet
As Zoning Inspector for the Village of Lexington, Richland County, Ohio, I vouch that the above non-conformities with the requirements of the Zoning Ordinance and amendments thereto, existed on
(Date Inspected) (Zoning Inspector)