Brunswick City Zoning Code
CHAPTER 1272
Nonconformities
1272.01 PURPOSE.
Certain lots, structures, developed sites and uses of land or structures which were lawful at the time of their establishment are made nonconforming under the provisions of this Code. This chapter provides for the continuance of nonconformities, subject to regulations limiting their completion, restoration, reconstruction, extension, and substitution. While it is the intent of this Code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. It is further the intent of this Zoning Code that nonconformities shall not be used as grounds for adding other structures prohibited elsewhere in the same zoning district, nor shall nonconformities be enlarged, extended or expanded except as otherwise provided herein.
1272.02 POLICY.
Nonconformities are declared by this Code to be incompatible with permitted uses in the districts in which such uses are located. To further the purposes of this chapter, regulations are established for various types of nonconformities, as follows:
(a) Nonconforming uses of land or structures;
(b) Nonconforming structures in terms of setbacks, lot area or other dimensional standards;
(c) Nonconforming sites in terms of number of parking spaces, landscaping or other site development standards; and
(d) Nonconforming vacant lots of record.
1272.03 PRIOR CONSTRUCTION.
To avoid undue hardship, nothing in this chapter 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 Code and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include 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, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently.
1272.04 CERTIFICATES OF NONCONFORMITY.
The Building and Zoning Inspector may issue, and shall issue upon the request of any owner, a certificate for any structure, use of land and/or structure, or lot that certifies that the structure, use of the land and/or structure, or lot is a valid nonconformity. The certificate shall specify the reason why the structure, use or lot is a nonconformity, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are or become nonconforming. The fee for such a certificate shall be the same as a minor zoning certificate.
1272.05 NONCONFORMING USES OF LAND OR STRUCTURES.
If a lawful use of land, or use of land and a structure in combination, exists at the effective date of adoption or amendment of this Code that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Enlarging. No structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Extending. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
(c) Another Nonconforming Use. If no structural alterations are made, any nonconforming use of land, or land and a structure in combination, may, upon appeal to the Board of Zoning Appeals, be changed to another nonconforming use. In reviewing such appeal, the Board shall determine whether the proposed use is equally or more compatible to the district than the existing nonconforming use. The Board of Zoning Appeals may require appropriate conditions and safeguards in accord with other provisions of this Code.
(d) Resuming. Any use of land, or use of land and structure in combination, on or in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district. The nonconforming use may not thereafter be resumed. (Ord. 53-97. Passed 5-12-97.)
(e) Discontinued. When a nonconforming use of land, or land and a structure in combination, is discontinued or abandoned for more than six months (except when government action impedes access to the premises), the land or structure shall not thereafter be used except in conformity with the regulations of the district in which it is located. The intent to continue a nonconforming use shall not be evidence of its continuance.
(Ord. 51-11. Passed 9-12-11.)
(f) Destruction. When a structure housing a nonconforming use is destroyed by any means to the extent of more than fifty (50) percent of the cost of replacement of such structure, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of this Code. Where nonconforming use status applies to land and a structure in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(g) Moving. No nonconforming uses of land shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this Code.
(h) Additional Structure. No additional structure not conforming to the requirements of this Code shall be erected in connection with any nonconforming use of land.
(I) Conditional Use. Any use which is approved as a conditionally permitted use in a district under the terms of this Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
1272.06 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on lot area, lot coverage, height, yards, its location on the lot, or other require ments concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Enlarged. Any nonconforming structure or portion thereof may be enlarged or altered if the nonconformity is not increased. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity.
(b) Destruction. When a nonconforming structure is destroyed by any means to the extent of more than fifty (50) percent of the cost of replacement of such structure, as determined by a third party appraisal, it shall not be rebuilt, restored, or reoccupied for any use unless it conforms to all regulations of this Code.
(c) Moved. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(d) Single Family Dwellings. The limitations on enlarging, rebuilding and moving nonconforming structures in subsections (a)-(c) above shall not apply to single family dwellings located in residential zoning districts. A nonconforming single family dwelling located in a residential zoning district may be enlarged, rebuilt or moved within the setback limits otherwise established for that district.
1272.07 NONCONFORMING SITES.
Improved sites with nonconforming development standards, such as paving, landscaping, buffering, number of parking spaces or other site development standards as specifically required for that zoning district or use, may continue to exist, subject to the following:
(a) Compliance. To the extent practical, such nonconforming sites shall be brought into compliance with all applicable development standards as part of the site plan review process as required by Chapter 1278 when building additions or other site improvements requiring a site plan review are proposed.
(b) Compliance Agreements. Where the Planning Commission determines that it is clearly not practical or not in the public interest to bring a nonconforming site into total compliance with all applicable development standards, the Commission may secure agreements to provide reasonable, lesser improvements which will protect the interests of the both the applicant and neighboring property owners. All new site improvements shall comply with current development standards.
1272.08 NONCONFORMING VACANT LOTS.
(a) Prior to 1964. Any parcel of land zoned for single family dwellings and containing no existing dwelling, which parcel was a lot of record on the plat records or other official records of the Medina County Recorder at the time of the adoption of Ordinance 75-64, passed December 13, 1964, may nevertheless be used as a site for such a dwelling, provided it complies with the following provisions:
(1) Such parcel of land, either alone or when replatted or otherwise combined with all or a part of an adjoining parcel of land, shall have a minimum area of 9,600 square feet and has a minimum lot width of eighty feet on a public street; and
(2) Such parcel of land complies with front and side yard setbacks otherwise required of building lots in that zone and if the rear yard is a minimum of 25 feet.
(3) In no event shall a building permit be issued for any such nonconforming lot unless adequate central water and sanitary sewer facilities are available thereto.
(4) No property owner thereof shall sell or convey a parcel of land which is nonconforming in size and contains a residence structure without also selling or conveying such vacant, adjoining or adjacent parcels of land standing in common ownership. No property owner shall sell or convey any part of a property if, by so doing, the total area, the frontage or the required yards thereof are reduced below those required by the provisions of this Zoning Code.
(b) Since 1964 Any vacant parcel of land zoned for single family dwellings and created as a lot of record on the plat records of the Medina County Recorder between December 13, 1964 and the adoption of this Zoning Code, may be used as a site for such a dwelling, provided such dwelling and all front and side yards comply with the provisions of the applicable zoning district and if the rear yard is a minimum of 25 feet.
(c) Transition Lots. Any vacant parcel of land zoned for single family dwellings and shown as a building lot on an preliminary subdivision plan approved prior to the effective date of this Zoning Code but which is not recorded on that date may used as a site for a dwelling. Such dwelling and all front and side yards shall comply with the provisions of the applicable zoning district, except that the rear yard shall be a minimum of 25 feet.
1272.09 REPAIRS AND MAINTENANCE.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.