CHAPTER 1143
Nonconformities
1143.01   Intent and purpose.
1143.02   Uses under conditional use provisions not nonconforming uses.
1143.03   Incompatibility of non- conformities.
1143.04   Avoidance of undue hardship.
1143.05   Certificates for nonconforming uses.
1143.06   Single nonconforming lots of record.
1143.07   Nonconforming lots of record in combination.
1143.08   Yard reductions permitted by the Zoning Inspector for non-conforming lots of record.
1143.09   Nonconforming uses of land.
1143.10   Nonconforming structures.
1143.11   Nonconforming uses of structures or of structures and land in combination.
1143.12   Termination of non- conforming uses.
1143.13   Repairs and maintenance.
 
   CROSS REFERENCES
         Nonconforming uses - see Ohio R.C. 713.15
         Nonconforming signs - see P. & Z. 1161.15
 
 
1143.01 INTENT AND PURPOSE.
    Within the districts established by this Zoning Ordinance, or by amendments thereto, 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 herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution. Nevertheless, while it is the intent of this Zoning Ordinance that legal nonconformities be allowed to continue until removed, they should not be encouraged to survive. Therefore, 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 except as otherwise specifically provided for in this Zoning Ordinance.
1143.02 USES UNDER CONDITIONAL USE PROVISIONS NOT NONCONFORMING USES.
   Any use which is permitted as a conditional use and has been approved in a district under the terms of this Zoning Ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
1143.03 INCOMPATIBILITY OF NONCONFORMITIES.
   Nonconformities are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts in which such 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, nor shall the same be extended or enlarged in ground covering, floor area, or volume after passage of this Zoning Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises announcing such non-conforming use(s), nor by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
1143.04 AVOIDANCE OF UNDUE HARDSHIP.
   To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, size or designated use of any buildings 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 out diligently. “Actual construction” is hereby defined to include the placing of construction materials in a permanent position and fastened 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 has been carried out diligently. Where this is the case, the Zoning Inspector may require proof in the form of an affidavit or similar document that the original intended use of the building has not been changed. The ground story framework, including structural parts of a second floor, if planned for, shall have been completed within one (1) year and the entire building completed within two (2) years after the effective date of this Zoning Ordinance or new zoning and building certificates will be required verifying compliance with the conditions of this Zoning Ordinance or amendments thereto. Where work has been commenced prior to the effective date of this Zoning Ordinance for which no building certificate was issued, although required at the time, or which is in violation of a previously issued certificate, such violations shall stand and shall be prosecuted. Work for which no building certificate has been issue shall be required to comply with this Zoning Ordinance and its amendments.
1143.05 CERTIFICATES FOR NONCONFORMING USES.
   The Zoning Inspector may upon his own initiative, or shall upon the request of any owner, issue a 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 in the nonconforming use, and the extent that the dimensional requirements are non- conforming. The purpose of this section is to protect the owners of lands or structures that are or become nonconforming. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Inspector, who shall maintain as a public record a file of all such certificates.
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