1109.01 Intent.
1109.02 Avoidance of undue hardship.
1109.03 Single nonconforming lots of record.
1109.04 Nonconforming lots of record in combination.
1109.05 Nonconforming uses of land.
1109.06 Nonconforming structures.
1109.07 Nonconforming uses of structures or of structures and land in combination.
1109.08 Expansion, repair and maintenance.
CROSS REFERENCES
Nonconforming uses defined - see P. & Z. 1103.98
Statutory provisions defined - see Ohio R.C. 713.15
Within the districts established by this Zoning Ordinance or amendments that may later be adopted there exists lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance of future amendments. It is the intent of this Ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
Existing lots, uses of land, structures, and uses of structures and land in combination, which were illegal at the time this Zoning Ordinance was adopted or amended shall remain illegal and does not constitute a nonconformity.
(Ord. 164-1984. Passed 1-28-85.)
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 a valid building permit was issued, or actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently. “Actual construction” includes the placing of construction materials in permanent position and fastening in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.
Any nonconforming structure that is ready for or under construction at the time of adoption or amendment of this Zoning Ordinance may be completed and occupied in accordance with the requirements of a valid building permit issued prior to such date.
(Ord. 164-1984. Passed 1-28-85.)
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record existing at the effective date of the adoption or amendment of this Zoning Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area and or width of the lot shall conform to the regulations for the district in which such lot is located.
Where a single lot of record existing at the time of the effective date of this section is less than seventy feet in width the required floor area may be reduced to not less than 1,100 square feet, provided that all other requirements excepting lot width, lot area or floor area, are met.
Variances for district requirements other than lot area, lot width, or floor area shall be obtained only through an action of the Board of Zoning Appeals, as provided in Chapter 1107
.
(Ord. 164-1984. Passed 1-28-85.)
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