CHAPTER 1177
Nonconforming Uses

1177.01   Purpose.

1177.02   Nonconforming lots of record.

1177.03   Nonconforming uses of land, buildings or structures.

1177.04   Nonconforming structures.

1177.05   Repairs, maintenance and construction.

1177.06   Legislative use variance.

CROSS REFERENCES

         Defined - see P. & Z. 1153.03(68) et seq.

         Nonconforming uses - see Ohio R.C. 713.15

1177.01 PURPOSE.

   Within the districts established by this Zoning Ordinance or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. Council declares that nonconforming uses and structures are incompatible with permitted uses in the districts involved and shall not be enlarged, expanded or extended, nor shall they be used as grounds for adding other structures or uses prohibited by this Ordinance.

(Ord. 86-260. Passed 12-16-86.)

1177.02 NONCONFORMING LOTS OF RECORD.

   In any district permitting residential uses, one-family and two-family dwellings may be erected on any single lots of record existing at the effective date of adoption or amendment of this Zoning Ordinance, even though such lot fails to meet the requirements for minimum area and/or width that are applicable in the district, providing that the yard setbacks 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.

(Ord. 86-260. Passed 12-16-86.)

1177.03 NONCONFORMING USES OF LAND, BUILDINGS OR STRUCTURES.

   The lawful use of any land, building or structure existing at the effective date of adoption or amendment of this Zoning Ordinance may be continued although such use does not conform with the regulations of this Ordinance, providing the following provisions are met:

   (a)   A nonconforming use shall not be extended, enlarged or increased to occupy a greater area of land than was occupied at the effective date of this Ordinance. The extension of a lawful use to any portion of a nonconforming structure which existed prior to the enactment of this Ordinance, shall not be deemed to be the extension of such nonconforming use.

   (b)   Whenever a nonconforming use has been discontinued for a period of two years or longer, such discontinuance shall be considered as conclusive evidence of an intention to abandon the nonconforming use. At the end of such two-year period, any subsequent use of land shall conform to the provisions of this Ordinance for the district in which such land is located.

   (c)   Nonconforming uses established after the effective date of this Ordinance shall be declared as illegal nonconforming uses and shall be discontinued within twenty days following the date of inspection by the Zoning Administrator or any of his deputies.

      (Ord. 86-260. Passed 12-16-86.)

   (d)   Any nonconforming use may be changed to another nonconforming use of the same or a more restrictive classification than the existing use upon approval by the Planning Commission. The Commission may attach any conditions to the new use which it deems necessary to safeguard the public health, safety or welfare.

      (Ord. 06-019. Passed 1-17-06.)

   (e)   Where a nonconforming use of a building or structure exists, the voluntary removal or voluntary destruction of the building or structure shall eliminate the nonconforming status of the land.

      (Ord. 86-260. Passed 12-16-86.)