Chapter 1145: Nonconforming Buildings and Uses

Sections

Cross references

  • Nonconforming uses - see Ohio R.C. 713.15

1145.01   Intent

  1. (a) Within the districts established by this Planning and Zoning Code and amendments thereto or amendments that may later be adopted, buildings, lots and uses of buildings and land prevail which were lawful before this Code was passed or amended, but which would be prohibited under the terms of this Code or further amendments.

  2. (b) It is the intent of this Code to permit such nonconformities to continue until they are removed although they are considered to be incompatible with the permitted uses in the districts involved.

  3. (c) It is further the intent that nonconformities shall not be enlarged upon, expanded or extended, that nonconforming uses be changed only to a more restrictive use, and that the rebuilding of a nonconforming building, if substantially destroyed, shall be regulated in accordance with Section 1145.02(d) of this Planning and Zoning Code.

  4. (d) Furthermore, the continuation of a lawful nonconformity shall not be construed as a reason for permitting nonconformities not specifically permitted in this Code.
    (Ord. 2019-39. Passed 8-13-19.)

1145.02   Nonconforming buildings and structures

A building or other structure existing lawfully at the time this Planning and Zoning Code became effective, but which does not currently conform as to area or width of lot, setback, yard dimensions, lot coverage, height of building or other structure, use intended or other regulations of the district in which it is located, is a lawful nonconforming building. or other structure. Such building or other structure may continue to be occupied or used so long as it remains otherwise lawful, subject to the following provisions:

  1. (a) Maintenance and Repair. A nonconforming building or other structure may continue to be used, maintained and repaired, provided however no structural parts shall be replaced except when required by law to restore to a state of good repair or good condition, as defined in Chapter 1340 of the Codified Ordinances of the Municipality or to make the building, or other structure conform to the regulations of the district in which it is located.

  2. (b) Additions. A nonconforming building or other structure shall not be altered, added to or enlarged unless the additions and original building or other structure are made to conform to the yard, coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setbacks , and the existing dwelling and the proposed enlargement combined shall meet the maximum lot coverage regulations of the district in which it is located.

  3. (c) Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.

  4. (d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any cause to the extent of fifty percent (50%) or less of its reproduction value, those portions so destroyed or damaged may be restored but to no more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such building is occupied by a nonconforming use prior to damage, such use may be continued. If a nonconforming building is damaged or destroyed more than fifty percent (50%) of its reproduction value, no repair or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and unless occupied by a conforming use. Determination of the reproduction value shall be made by majority vote of three practicing building construction contractors, one to be appointed by owner, one to be appointed by the Municipality, and the third to be selected by the mutual consent of the two parties, in the event the Municipality and the owner do not agree on the value.
    (Ord. 2019-39. Passed 8-13-19.)

1145.03   Nonconforming use of buildings; nonconforming accessory uses

A use of a building existing lawfully at the time this Planning and Zoning Code became effective, but which does not conform to the use regulations, including the sign regulations, of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:

  1. (a) Change of Use. The nonconforming use of a building may only be changed to a conforming use. Thereafter, it shall not be changed back to the former nonconforming use. The term “change of use” shall not include changes within a single use category

  2. (b) Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code that made the use nonconforming, but no such use shall be extended so as to occupy any land outside such building.

  3. (c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of one year, any future use of such building or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.

  4. (d) Nonconforming Signs. Signs lawfully erected but made nonconforming by adoption of this Planning and Zoning Code or amendments thereto, may be maintained and repaired as authorized by the Administrator to ensure attractive and safe conditions; however, such signs shall not be otherwise altered or moved unless made to comply with all regulations of Chapter 1143. Further, any sign or part thereof which is removed, except for authorized repairs or requires repairs of a cost which exceeds fifty percent (50%) of its reproduction value, shall not be rebuilt or relocated unless made to comply with all regulations of Chapter 1143. Temporary and incidental signs shall not become lawful nonconforming signs.

  5. (e) Nonconforming Parking Facilities. A building or use existing lawfully at the time this Planning and Zoning Code or an amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1141. If an existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1141.05 and 1141.13; provided, however, that if the building is located in the Central Shopping District the owner or occupant shall not be required to provide additional parking for the increased parking requirement unless it results from an increase in the floor area due to an expansion of an existing building.

  6. (f) Nonconforming as to Performance Standards. A building or use existing lawfully at the time this Code became effective, but which is nonconforming as to one or more of the performance standards shall not be required to conform therewith except at such times that the use is changed or the building is altered.
    (Ord. 2019-39. Passed 8-13-19.)

1145.04   Nonconforming use of land

A vacant lot or parcel of land, nonconforming as to use or dimension (area or yard) and existing lawfully at the time this Planning and Zoning Code or amendment thereto became effective but which does not conform with the use and/ or dimension regulations of the district in which it is located is a nonconforming use of land, and such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

  1. (a) Expansion of Use. The nonconforming use of a lot, or part thereof, shall not be expanded or extended onto other parts of the lot.

  2. (b) Discontinuance of Use. If the nonconforming use of a lot, or part thereof, is discontinued for a continuous period of one year, any future use of such lot, or part thereof so discontinued, shall be in conformity with the use regulations of the district in which it is located.

  3. (c) Insufficient Size. A vacant lot of record which does not comply with the area and/or width requirements of the district in which it is located on the effective date of this Planning and Zoning Code or any amendment thereto may be used as follows:

    1. (1) Single lots. If a vacant nonconforming lot does not adjoin another lot with continuous frontage and under common ownership on the effective date of this Code or applicable amendment thereto, such lot may be developed provided that such development complies with all regulations of this Planning and Zoning Code except those pertaining to lot width and area.

    2. (2) Lots in combination. If a vacant nonconforming lot adjoins one or more lots with continuous frontage and in common ownership on the effective date of this Code or applicable amendment thereto, such lot shall be replatted to create conforming lots as a prerequisite for development. Transfer of one or more of such lots to a third party, in order to avoid the requirements of this paragraph, shall result in a determination that the lots remain in common ownership. However, if replatting of such lots cannot be effected reasonably without resulting in an average lot width or area less than the minimum required for the district, the Planning and Zoning Commission may reduce such width and area requirements by not more than ten percent (10%).
      (Ord. 2019-39. Passed 8-13-19.)

1145.05   Nonconforming use due to reclassification

  1. (a) The foregoing provisions of this chapter shall also apply to the buildings, structures, and or other uses hereafter becoming nonconforming as a result of reclassification of districts or of other amendments made to this Planning and Zoning Code or of future reclassification of districts or of other amendments made thereto.

  2. (b) Buildings and uses that were conforming or lawfully existing nonconforming buildings and uses under Ordinance 1932-144 as amended and become nonconforming under this Code shall be deemed lawful nonconforming buildings and uses.
    (Ord. 2019-39. Passed 8-13-19.)

1145.06   Change from nonconforming use

  1. (a) A nonconforming building or use shall cease to be considered as such whenever it complies with the requirements of the district in which it is located and shall not be resumed thereafter.

  2. (b) A proposed building conforming in all respects to the Planning and Zoning Code shall be permitted on the same zoning lot as a nonconforming building or use provided the lot area, lot width and number of parking spaces allocated to the nonconforming building or use and the proposed conforming building equal the sum of the lot area, lot width and parking spaces required for each use; and provided the distances between the conforming building and nonconforming building or use are at least equal to the distances required if the two uses were on adjacent lots; provided however, that in a one-family and two-family district only one main building shall be permitted on a zoning lot.
    (Ord. 2019-39. Passed 8-13-19.)