1120.01 CONTINUANCE AND DISCONTINUANCE.
(a) Continuing a Nonconformity. Legally established lots, uses of land, structures, and uses of structures exist which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Zoning Code. Such lots, uses, and structures that were legally established may continue as a nonconformity, subject to the provisions of this Title.
(b) Discontinuing a Nonconformity.
(1) If a nonconformity is voluntarily discontinued or abandoned for a consecutive period of twelve (12) months or more, any future use or improvement shall be in conformity with this Zoning Code.
(2) A nonconformity shall be deemed vacated or abandoned when any of the following occurs:
A. Regarding a nonconforming use, said use has not operated for a consecutive period of twelve (12) months or more.
B. Regarding a nonconforming structure or property, no use has legally operated in the structure or on the property for a consecutive period of twelve (12) months or more.
C. The property owner has applied for a demolition permit of the sign, structure, addition, or similar element that is a nonconformity.
(3) A statement of intent shall not be deemed sufficient evidence of continuing a nonconformity.
(c) Previously Issued Zoning Certificates - Work Complete. Nothing within this Title shall be construed to require any change in the layout, plans, construction, size, or use of any sign, lot, structure, or structure and land in combination, for which a zoning certificate became effective prior to the effective date of this Zoning Code and for which the construction is complete.
(d) Previously Issued Zoning Certificates - Work In Progress. Nothing within this Title shall be construed to require any change in the layout, plans, construction, size, or use of any sign, lot, structure, or structure and land in combination, for which a zoning certificate became effective prior to the effective date of this Zoning Code and for which the actual construction has been carried on diligently.
(1) Actual construction is defined to include the placing of construction materials in a permanent position and fastened in a permanent manner.
(2) Where demolition or removal of an existing building has substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.
(3) A continuous stop of twelve (12) consecutive months, during which no actual construction has occurred, shall be deemed an abandonment of the zoning certificate after which the work shall cease and shall not continue without a new zoning certificate.
(e) Special Permit Uses. Any use which is permitted as a special permit use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(f) Nonconformity Certificate. The Director of Public Service may, upon their own initiative, or shall, upon the request of any owner, issue a certificate for any sign, lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies the sign, lot, structure, or use as a valid and legally established nonconformity. A nonconformity certificate shall:
(1) Specify the reason why the sign, lot, structure, and/ or use is a nonconformity.
(2) Describe the extent and kind of sign, lot, structure, and/or use that is the nonconformity.
(3) Describe the portion of a structure or land this is occupied by the nonconforming use, where applicable.
(4) Describe the extent of any applicable dimensional measurements that are nonconforming.
(g) The City may impose an application fee for certificates and permits per Chapter 1303
- Administration and Permits of the Codified Ordinances of the City of Whitehall, Ohio, as may be amended. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)