(A) Generally. The lawful use of any dwelling, building, or structure and of any land or premises, as existing and lawful at the time of enacting this Zoning Code or amendment hereto, may be continued, although such use does not conform with the provisions of this chapter or amendment hereto, as provided in this chapter. It is the intent of this chapter to permit these nonconforming situations to continue until such time that they are removed, but not to encourage their continued use or expansion except as provided for herein. (See R.C. § 713.15.)
(B) Nonconforming lots.
(1) 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 Planning Commission in accordance with § 153.043.
(2) 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 this chapter. Otherwise, development shall be permitted only in accordance with development standards of the zoning district in which such ownership is located.
(C) Nonconforming structures and developments. Structures and/or accessory development, which by reason of size, type, location on the lot, or otherwise in conflict with regulations of the zoning district in which they are located, may be altered, reconstructed, or extended on appeal to the Zoning Board of Appeals, provided the applicant shows that:
(1) The nonconforming structure and development was lawful at the time of enactment of this Zoning Code;
(2) Such tax parcel has been under the same ownership for not less than two years;
(3) Such alteration, reconstruction, or extension is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant;
(4) Such extension shall not increase the total floor area by more than 50%; and
(5) No extension shall be requested within two years of the last previous extension as approved by the Planning Commission.
(D) Nonconforming uses. The lawful nonconforming use of a lot and/or structure may be continued, expanded, substituted, changed, or re-established subject to the following.
(1) Continuation. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing and lawful at the time of enactment of this Zoning Code, as amended, may be continued, although such use does not conform with the provisions of this chapter, as amended, but if any such nonconforming use is voluntarily discontinued for a period of six months, any future use of such land shall be in conformity with this chapter. (See R.C. § 713.15.)
(2) Expansion. A lawful nonconforming use may be expanded within an existing structure manifestly arranged or developed for such use on appeal to the Planning Commission, provided the applicant shows that:
(a) The nonconforming use was lawful at the time of enactment of this Zoning Code;
(b) Such tax parcel has been under the same ownership for not less than two years;
(c) Such expansion is necessary and incidental to such existing lawful nonconforming use as demonstrated by the applicant; and
(d) No expansion shall be requested within two years of the last previous expansion as approved by the Planning Commission.
(3) Substitution. On approval of an appeal to the Planning Commission, the substitution of a lawful nonconforming use existing at the time of enactment of this Zoning Code by another lawful nonconforming use may be permitted if no structural alterations, except those required by law or resolution are made, provided that any use so substituted shall be of the same or a more restricted classification, subject to approval of an appeal to the Planning Commission, provided the applicant shows that:
(a) The nonconforming use was lawful at the time of enactment of this Zoning Code;
(b) Such tax parcel has been under the same ownership for not less than two years;
(c) Such substitution is compatible with adjacent land use, adjacent zoning, and to appropriate plans for the area; and
(d) No substitution shall be requested within two years of the last previous expansion as approved by the Planning Commission.
(4) Re-establishment. A lawful nonconforming use of any structure damaged by fire, explosion, flood, riot, or act of God may be continued and used as before any such calamity, provided the building or structure has not been destroyed to an extent of more than one-half of its fair value, and provided such reconstruction is started within 12 months of such calamity and is continued in a reasonable manner satisfactory to the Director until completed.
(Ord. 96-152, passed 10-7-1996; Ord. 2002-023, passed 10-7-2002)
Cross-reference:
Nonconforming lots, development standards, see § 153.143
Nonconforming signs, see § 153.258
Statutory reference:
Retroactive measures prohibited, see R.C. § 713.15