1137.01 Purpose.
1137.02 Administration.
1137.03 Avoidance of undue hardship.
1137.04 Nonconforming land uses.
1137.05 Nonconforming lots.
1137.06 Nonconforming structures.
1137.07 Discontinuance of nonconformities.
1137.08 Restoration of nonconforming building damaged by fire, explosion, act of God or the public enemy.
1137.09 Nonconforming vehicle management.
1137.10 Nonconforming signs.
The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Code. This Chapter regulates the disposition of legally established nonconforming uses, buildings, lots and structures which are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be permitted to continue only in conformance with this Chapter. The provisions are intended to encourage the reduction of nonconformity with this Zoning Code in the short-term and elimination of nonconformities in the long-term, while respecting vested interests in the existing uses and improvements.
(Ord. 3206. Passed 3-19-13.)
(a) The provisions of this Chapter shall apply only to nonconformities that have been legally established. A nonconformity that was not legally established shall not qualify for any of the protections provided.
(b) An applicant and/or owner for any development review procedure that deals with nonconformities shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Code.
(c) Board of Zoning Appeals shall have all powers conferred upon it as per Section 713.15 of the Ohio Revised Code, or as authorized by the City of Oxford Charter and in compliance with state law.
(d) The Zoning Administrator shall determine if a use, lot, structure, or site is less nonconforming than another use, lot, structure, or site based upon criteria such as required parking spaces, trip generation, potential nuisances, setbacks, bulk, or other criteria relevant to the intent of this Code.
(Ord. 3206. Passed 3-19-13.)
(a) To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently.
(b) Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(c) Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
(Ord. 3206. Passed 3-19-13.)
Loading...