Section
1173.01 Purpose
1173.02 Incompatibility of nonconformities
1173.03 Avoidance of undue hardship
1173.04 Certificates for nonconforming uses
1173.05 Substitution of nonconforming uses
1173.06 Single nonconforming lots of record
1173.07 Nonconforming lots of record in combination
1173.08 Nonconforming uses of land
1173.09 Nonconforming structures
1173.10 Nonconforming uses of structures or of structures and land in combination
1173.11 Termination of use through discontinuance
1173.12 Termination of use by damage or destruction
1173.13 Repairs and maintenance
Cross-reference:
Nonconforming signs, see Ch. 1187
Nonconforming use defined, see § 1133.105
Statutory reference:
Nonconforming uses, retroactive measures, see R.C. § 713.15
Within the districts established by this Zoning Ordinance, lots, uses of land, structures and uses of structures and land in combination exist which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. The legitimate interest of those who lawfully established these nonconformities are recognized by providing for their continuance, subject to regulation limiting their completion, restoration, reconstruction, extension and substitution. Nothing contained in this Zoning Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure or structure and land in combination for which a zoning permit became effective and does not lapse prior to the effective date of this Zoning Ordinance. While it is the intent of this Zoning Ordinance that the nonconformities be allowed to continue until removed, they should not be encouraged to survive. No nonconformity may be moved, extended, altered, expanded or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of the Planning Commission and Council, except as otherwise specifically provided for in this Zoning Ordinance.
(Ord. 98-104, passed 9-14-1998)
Nonconformities are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts in which the uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which the use is located.
(Ord. 98-104, passed 9-14-1998)
To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and upon which actual building construction has been carried on diligently.
ACTUAL CONSTRUCTION is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(Ord. 98-104, passed 9-14-1998)
Loading...