1117.01 Intent.
1117.02 Avoidance of undue hardship.
1117.03 Single non-conforming lots of record.
1117.04 Non-conforming lots of record in combination.
1117.05 Non-conforming uses of land.
1117.06 Non-conforming structures.
1117.07 Non-conforming uses of structures or of structures and land in combination.
1117.08 Repairs and maintenance.
1117.09 Uses under conditional use provisions not non-conforming uses.
CROSS REFERENCES
Nonconforming defined - see P. & Z. 1102.01
Nonconforming uses - see Ohio R.C. 713.15
Within the districts established by this Part or any amendment 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 Part was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Part or future amendments. It is the intent of this Part to permit these non-conformities to continue until they are removed. It is further the intent of this Part that non-conformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other structures or uses prohibited elsewhere in the same district.
To avoid undue hardship, nothing in this Part 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 Part and upon which actual building construction had been carried on diligently. Actual construction includes 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, the demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this section notwithstanding limitations imposed by other provisions of this section. The lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both, that are generally applicable in the district, provided that yard dimensions and requirements, other than those applying to area or width or both, of the lot conform to the regulations for the district in which such lot is located. Variances of requirements listed in Chapters 1120
through 1126
, other than lot area or lot width, shall be obtained only through action of the Building and Zoning Appeals Board as provided in Sections 1105.33
to 1105.39
. Also, in any district in which single-family dwellings are permitted, lots of record combined that included an existing single-family dwelling and another existing principal use at the time of their most recent combination may be separated only through action of the Building and Zoning Appeals Board into the configuration at the time of their most recent combination. This provision shall apply even though the lots fail to meet the requirements for area or width or both, that are generally applicable in the district. This is not intended to authorize the sale of land described as prohibited in Section 1117.04
.
(Ord. 4387. Passed 10-23-12.)
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