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)
The Zoning Administrator may, upon his or her own initiative, or shall upon the request of any owner, issue a zoning certificate for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are, or become, nonconforming. No fee shall be charged for a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Administrator, who shall maintain as a public record a file of all certificates.
(Ord. 98-104, passed 9-14-1998)
So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by the Zoning Board of Appeals, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting the change, the Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of the change, and failure to meet the conditions shall be considered a punishable violation of this Zoning Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, the use shall not thereafter be changed to a more intensive use or other nonconforming use.
(Ord. 98-104, passed 9-14-1998)
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Ordinance. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width, or both (that are generally applicable in the district), provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(Ord. 98-104, passed 9-14-1998)
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