Ashland City Zoning Code
NONCONFORMING SITUATIONS
§ 157.065 INTENT.
Within the districts established by this chapter and amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this subchapter to permit these nonconformities to continue until they are removed, but not to necessarily encourage their survival. The city, however, desires that nonconforming situations be maintained in standard condition until such time that they can become conforming with this chapter. It is further the intent of this subchapter that such situations shall not be made nonconforming to a greater extent than exists at the time this chapter is adopted. To these ends, the regulations of this subchapter encourage nonconforming situations to be well maintained and to become more, rather than less, conforming over time.
(Prior Code, § 157.060) (Ord. 101-1986, passed 10-7-1986)
§ 157.066 NONCONFORMING LOTS OF RECORD.
Where the owner of a lot of record does not own and cannot reasonably acquire sufficient adjacent land to enable conformance to the required open space, yard and other requirements herein prescribed, such lot of record may be used by such owner as a single- family residential building site; provided that the required open space and other provisions conform as closely as possible to the requirements of the zoning district in which it is located. Parking, landscaping, buffer and loading requirements shall be met in those instances of new development or expansion of existing development; and four-foot side yards shall be maintained.
(Prior Code, § 157.061) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.067 ENLARGEMENT OR EXTENSION OF NONCONFORMING SITUATIONS.
Except as specifically provided below, it shall be unlawful for any person to engage in any activity that causes an increase in the nonconformity.
(A) A nonconforming use may be extended throughout any portion of a complete building. However, a nonconforming use may not be extended to additional buildings or to land outside the original building except in accordance with § 157.070.
(B) Subject to § 157.070, a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.
(C) Physical alteration of structures or the placement of new structures on open land are unlawful if they result in:
(1) An increase in the total amount of space devoted to a nonconforming use; and/or
(2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, parking or density requirements.
(D) Notwithstanding division (C) of this section, any structure used for a single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard and setback requirements. Division (D) is subject to § 157.068.
(E) A structure that is nonconforming in any respect, or a structure that is used in a nonconforming manner, may be reconstructed or replaced is partially or totally destroyed, subject to the following restrictions.
(1) The total amount of space devoted to a nonconforming use may not be increased, except that a larger single-family residence may replace smaller one.
(2) The reconstructed structure may not be more nonconforming with respect to dimensional restrictions such as yard, height, parking or density requirements, except for single-family houses as provided for in division (E)(1) of this section.
(Prior Code, § 157.062) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.068 ABANDONMENT AND DISCONTINUANCE OF NONCONFORMING SITUATIONS.
(A) When a nonconforming use is discontinued for a consecutive period of 180 calendar days, the property involved may thereafter be used only for conforming purposes, unless the Board of Zoning Adjustment issues a nonconformity permit to allow the same or another nonconforming use upon finding all of the below:
(1) The nonconforming use has been discontinued for less than two years;
(2) The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person maintaining the nonconforming situation; and
(3) The proposed use is not more nonconforming than the previous nonconformity.
(B) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to the provisions of this section, all of the building, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one multi-family unit shall not result in a loss of the right to rent that unit thereafter so long as the multi-family building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of the nonconforming use for the above stated time period shall terminate the right to maintain it thereafter.
(Prior Code, § 157.063) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.069 CHANGE IN TYPE OF NONCONFORMING USE.
(A) If a nonconforming use exists on the effective date of this chapter that would be allowed under the terms of this chapter, the nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(1) A nonconforming use may be changed to a conforming use. Thereafter the property may not revert to a nonconforming use.
(2) A nonconforming use may be changed to another nonconforming use only in accordance with a nonconformity permit issued by the Board of Zoning Adjustment. The Board shall issue such permit if it finds that the proposed use will be in the same or more restricted use classification.
(B) If a nonconforming use and conforming use, or any combination of conforming and nonconforming uses, or any combination of nonconforming uses exist on one lot, the use made of the property may be changed substantially (except to a conforming use) only in accordance with a nonconformity permit issued by the Board of Zoning Adjustment. The Board shall issue such a permit if it finds that the proposed use will be in the same or more restricted use classification.
(Prior Code, § 157.064) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.070 COMPLETION OF NONCONFORMING PROJECT.
Projects made nonconforming by provisions of this chapter or amendments thereto may be completed if a valid building permit was issued, or substantial expenditures were made, prior to the effective date of this chapter or subsequent amendments thereto. The mere purchase of property shall not be considered a substantial expenditure under these provisions.
(Prior Code, § 157.065) (Ord. 101-1986, passed 10-7-1986)
§ 157.071 NONCONFORMING SIGNS.
All nonconforming signs in all zoning districts shall comply with Chapter 158.
(Prior Code, § 157.066) (Ord. 101-1986, passed 10-7-1986)
§ 157.072 NONCONFORMITY PERMIT.
(A) The Board of Zoning Adjustment is authorized to issue nonconformity permits under certain provisions of this subchapter. No building or other development permit or certificate of occupancy may be issued in these instances without a nonconformity permit.
(B) The Board shall determine whether the proposed changes comply with the standards set forth in this subchapter, and may attach conditions with the issuance of a nonconformity permit, to further the intent of this subchapter.
(Prior Code, § 157.067) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999