(a) New Development. New development, including the subdivision of land, construction, and the use of land or structures, shall conform with the regulations for the zoning district in which such development is located.
(1) New subdivision. The subdivision or resubdivision of land shall not create lots less than the minimum size required for the zoning district in which such land is located nor shall lots be provided or intended for uses not allowed in the zoning district.
(2) New structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of the Zoning Ordinance and in accordance with the Subdivision Regulations of the Municipality, when applicable, and shall conform with the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in this section.
(3) New uses. The only new uses of land or a structure shall be those which are a permitted use or a conditional use for the zoning district in which such use is to be located.
(4) Determination of use. In the case of any use of land or structure which cannot readily be determined to be a permitted, conditional or prohibited use within a zoning classification or within any zoning classification, any person may submit to the Zoning Inspector an application for determination whether the use is either a permitted or conditional use in a specific zoning classification or in any zoning classification of the zoning regulations. A decision shall be made by the Zoning Inspector who in turn shall notify the Planning and Zoning Commission prior to their next regular meeting of the action he has taken and the Planning and Zoning Commission shall have the right to override that decision, if it should find that the decision is arbitrary, unreasonable or capricious. The determination by the Zoning Inspector shall be for the purpose of enabling the applicant to otherwise comply with the zoning regulations regarding necessary applications or permits to be obtained and the decision shall in no way act as a commitment by the Planning and Zoning Commission or any other agency of the Municipality as to future zoning, approval of conditional uses or any other zoning matter.
(b) Existing Conforming Lots, Structures or Uses. Lots, structures or the use of lots and/or structures which conform with the regulations of the zoning district in which they are located may be continued, and may be altered, extended or changed in accordance with the following:
(1) Conforming lots. A conforming lot may be changed, altered, enlarged or reduced in dimension, provided however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located.
(2) Conforming structure. A conforming structure may be altered, reconstructed or extended only in such manner as will comply with the development standards of the zoning district in which the structure is located.
(3) Conforming use. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use, or conditional use (if previously approved) regulations and with the development standards of the zoning district in which the conforming use is located.
(c) Existing Nonconforming Lots, Structures, or Uses. Lots, structures, or the use of lots and/or structures which do not conform with the regulations of the zoning district in which they are located may be continued, and may be altered, extended or changed in accordance with the following:
(1) Nonconforming lots. The construction of a conforming structure and/or the conduct of a permitted use shall be allowed on any lot of record which has an area and/or lot width less than that required for such structure or permitted use in the zoning district in which the lot is located. Variance of any development standard other than minimum lot area and/or minimum lot width shall be obtained only through action of the Board of Zoning Appeals in accordance with the provisions of Chapter 1138. Additionally the requirements of Section 1183.10
apply.
Such nonconforming lots must be in separate ownership and not of continuous frontage with other land in the same ownership on the effective date of the Zoning Ordinance. Otherwise, development shall be permitted only in accordance with the development standards of the zoning district in which such ownership is located. Additionally, the requirements of Section 1183.10
apply.
(2) Nonconforming structures and development. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with the regulations of the zoning district in which they are located may be altered, reconstructed or extended only in such manner that the alteration, reconstruction or extension will comply with the development standards of the zoning district in which the structure and/or accessory development is located.
Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished.
(3) Nonconforming uses. The nonconforming use of a lot and/or a structure may be continued, expanded or changed subject to the following:
A. Change of a nonconforming use shall be allowed to a permitted use of the zoning district in which the nonconforming use is located.
B. On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be changed to a use found to be more nearly in character with the zoning district in which the nonconforming use is located.
C. On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use.
D. On approval of an appeal to the Board of Zoning Appeals a nonconforming use may be extended provided that such will make the nonconforming use substantially more in character with its surroundings. A nonconforming use shall not be extended by more than twenty-five percent (25%) of the size of the nonconforming use that existed at the time of the passage of this Zoning Ordinance.
E. No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of at least two years. The nonconforming use of any structure damaged by fire, explosion, flood, riot or act of God maybe continued and used as before any such calamity, provided reconstruction is started within twelve months of such calamity, does not enlarge or expand the structure as it existed immediately prior to such calamity and is continued in a reasonable manner until completed.
F. On approval of an appeal to the Board of Zoning Appeals, a nonconforming use consisting of a "manufactured home park," as the same is defined in O.R.C. Section 3733.01(A), may be improved if the improvement consists of all of the following:
1. The replacement of all existing manufactured homes by installation of a lesser number of new, larger manufactured homes; and
2. The installation of new underground electric and gas utilities servicing all manufactured homes within the manufactured home park, provided that such installation is in accordance with all federal, state and local requirements; and
3. The installation of a new underground water distribution system servicing all manufactured homes within the manufactured home park, provided that such installation is in accordance with all federal, state, and local requirements.
(d) Existing Conditional Use Permits. Nothing contained in this Zoning Ordinance shall affect the validity or effectiveness of an existing Conditional Use Permit issued under the prior Zoning Ordinance, Ordinance No. 25-73, as codified by Ordinance No. 24-83, and as thereafter amended and effective prior to the enactment of this Zoning Ordinance.
(e) Annexed Territory. Territory annexed to the Municipality after the effective date of the Zoning Ordinance shall continue to be governed by the zoning regulations which governed the territory annexed immediately prior to the annexation, as enacted by a Board of County Commissioners under Ohio R.C. 303.01 to 303.25, or enacted by a Board of Township Trustees under Ohio R.C. 519.01 to 519.25, as the case may be.
As soon as practicable after the annexation of territory to the Municipality, proceedings shall be instituted by the Planning and Zoning Commission to include the annexed territory in one or more of the zoning districts defined in the Zoning Ordinance, as amended.
(Ord. 04-09. Passed 4-13-09.)