1290.01 Purpose.
1290.02 General provisions.
1290.03 Non-conforming uses.
1290.04 Non-conforming lots.
1290.05 Non-conforming structures.
1290.06 Non-conforming signs.
CROSS REFERENCES
Division of municipal corporation into zones - see Ohio R.C. 713.06
Notice and hearing on municipal zoning regulations - see Ohio R.C. 713.12
Effect of zoning on laws and charters - see Ohio R.C. 713.14
Retroactive zoning ordinances prohibited - see Ohio R.C. 713.15
General provisions and definitions - see P. & Z. Ch. Ch. 1250
Administration, enforcement and penalty - see P. & Z. Ch. Ch. 1252
Amendments - see P. & Z. Ch. Ch. 1256
Districts generally and Zoning Map - see P. & Z. Ch. Ch. 1258
Special planned development - see P. & Z. Ch. Ch. 1288
Adult use regulations; sexually oriented businesses - see P. & Z. Ch. Ch. 1292
Wireless telecommunications facilities - see P. & Z. Ch. Ch. 1294
In the provisions established by this Code, there exist uses of land, structures, lots of record, towers, and signs that were lawfully established before this Code was adopted or amended, that now do not conform to its terms and requirements. The purpose and intent of this section is to regulate the continued existence of those uses, structures, and lots of record that do not conform to the provisions of this Code, or any amendments thereto.
(Ord. 104-2010. Passed 11-22-10.)
(a) Authority to Continue. The lawful use of any dwelling or structure and of any land or premises existing and lawful at the time of the enactment of this Code, or any amendment thereto, may continue, although such use does not conform to the provisions of this Code or amendment thereto. Nevertheless, while it is the intent of this Code that such non-conformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, no non-conformity may be moved, extended, altered, expanded or used as grounds for any other use or structure prohibited elsewhere in the district, except as specifically provided for in this Code.
(b) Conditional Uses. Any use which is permitted as a conditional use in a district under the terms of this Code shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use provided the use meets all approval criteria and conditions established by the Zoning Code, the Planning Commission, or the Board of Zoning and Building Appeals for the conditional use.
(c) Accessory Uses. A non-conforming use that is accessory to a principal use shall not make the principal use non-conforming.
(d) Determination of Non-Conformity Status. The burden of establishing that a non- conformity lawfully exists shall be on the owner of the land on which the purported non- conformity is located.
(Ord. 104-2010. Passed 11-22-10.)
(a) Substitution of Uses. A legal, non-conforming use of a building may be changed to another non-conforming use of the same or a less intensive and more restricted type or classification, as approved by the Board of Zoning and Building Appeals. The Board of Zoning and Building Appeals shall not authorize a change or substitution of use unless it determines that the proposed use is more appropriate to the applicable zoning district than the existing non- conforming use and that the proposed use is less in conflict with the character of the uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such a change, the Board of Zoning and Building Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code. Violations of any conditions and/or safeguards prescribed by the Board of Zoning and Building Appeals shall be deemed a violation of this Zoning Code. Whenever a non-conforming use has been changed to a less intensive use under this subsection, such use shall not thereafter be changed to a more intensive non-conforming use.
(b) Abandonment. A legal, non-conforming use may be continued as long as it remains otherwise lawful, provided, however, that if any legal non-conforming use of land ceases for any reason, for a period of more than six consecutive months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located. When a legal, non-conforming use is replaced by a permitted use under terms of this Zoning Code, such permitted use shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed.
(c) Expansion of Area of Use. Subject to approval of the Board of Zoning and Building Appeals, a legal non-conforming use may be extended, enlarged or altered so as to permit additions to such structure or land for the purpose of continuing the same non-conforming use as that carried on in such structure or on such land sought be to extended, enlarged or altered, provided, however, that no such extension, enlargement, alteration or addition shall exceed twenty-five percent of the existing square feet of such structure, or square feet of such land area, and provided further that only one such extension, enlargement, alteration or addition involving the same premises shall ever be permitted.
(d) Additional Structures. The existence of a non-conforming use shall not be grounds for the establishment of additional structures not otherwise permitted in the district in which the non-conformity is located, except that the owner of a non-conforming single-family residential use may construct an accessory structure relating to the residential use that conforms to the size limitations and other requirements for accessory structures in Section 1296.03.
(e) Completion. Any use for which zoning approval has been issued prior to the adoption of this Zoning Code or subsequent amendments, and which, when established, would not conform to the provisions of this Zoning Code for the district in which it is located, may be established and maintained as a non-conforming use provided that the use is established within twelve months after the date of approval.
(Ord. 104-2010. Passed 11-22-10.)
(a) Vacant Non-Conforming Lot in a Residential District. In any district in which one-family or two-family dwellings are permitted, a one-family dwelling or two-family dwelling, along with any customary accessory buildings, may be erected on any single lot of record which was made non-conforming by newly-enacted dimensional requirements on the effective date of adoption or any amendment of this Zoning Code, provided that such lot must be in separate ownership from contiguous lots and not of continued frontage with other lots in the same ownership. If such permitted structures do not comply with minimum yard requirements for the district, then the yard requirements may be reduced in a manner approved by the Board of Zoning and Building Appeals. Variances and special exceptions to yard requirements shall be obtained only through action of the Board of Zoning and Building Appeals.
(b) Vacant Non-Conforming Lots in Multi-Family and Non-Residential District. A vacant non-conforming lot in a multi-family district or non-residential district may be used for any use permitted in the district in which it is located when the development of such lot meets all development requirements of the district in which it is located, except for the minimum lot area and lot width requirements.
(c) Exception for Adjacent Vacant Lots of Single Ownership. A vacant lot of record shall not be deemed a non-conforming lot under this Zoning Code if, at the time when the vacant lot became not in conformance with the zoning regulations, or at any time thereafter, the vacant lot was adjacent to or abutted another lot, or any part of another lot, that was owned by the same property owner.
(d) Existing Buildings on Non-Conforming Lots. If a non-conforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) comply with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(e) Prohibition Against Creation of Non-Conforming Lots. No subdivision of any parcel or lot shall be made, which shall create a lot with frontage, width, depth or area below the requirements stated in this Zoning Code.
(Ord. 104-2010. Passed 11-22-10.)
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