1187.01 Intent.
1187.02 Avoidance of undue hardship.
1187.03 Certificates for non-conforming uses.
1187.04 Substitution of non-conforming uses.
1187.05 Non-conforming use made to conform.
1187.06 Non-conforming uses of land.
1187.07 Non-conforming buildings and structures.
1187.08 Repairs and maintenance.
CROSS REFERENCES
Nonconforming uses - see Ohio R.C. 713.15
Nonconforming uses defined - see P. & Z. 1143.01
Nonconforming signs - see P. & Z. 1193.06
Within the districts established by this Ordinance or subsequent amendments, there exist lots, structures, and uses which were lawful before the Ordinance was passed or amended but which would be prohibited under the terms of this Ordinance or future amendments. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed voluntarily. The legitimate interest of those who lawfully established these non-conformities are herein recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which 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 is hereby defined to include the placing of construction materials in 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.
The Zoning Inspector may, upon his or her own initiative, or shall, upon the request of any owner accompanied by the required fee, issue a certificate for any property that certifies that the property is a valid non-conformity. The certificate shall specify the reason why the use is a non-conformity, the extent of the non-conforming use, structure, or non-conforming dimensional requirements. One (1) copy of the certificate shall be returned to the owner and one (1) copy shall be retained by the Zoning Inspector, who shall maintain as public record a file of all such certificates. (Ord. 19-69. Passed 11-4-19.)
Where, at the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance, the uses may be continued so long as they remain otherwise lawful, provided:
(a) The non-conforming use may not be enlarged or increased unless approval by the Board of Zoning Appeals has been granted to the applicant.
(b) Upon Board of Zoning Appeals approval, a non-conforming use may be extended throughout a building which was designed and arranged for such use if no structural alterations are made, except those required by law.
(c) All non-conforming uses of land not involving any building or structure may be continued for a period of two (2) years after the date of enactment of the Zoning Ordinance and at the end of which period such non-conforming use shall cease or shall be changed to a conforming use.
(d) If a non-conforming use of land or any portion thereof is discontinued or abandoned for a continuous period of one (1) year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.
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