Cedarville Village City Zoning Code
CHAPTER 1129
Non-Conforming Uses
1129.01 INTENT.
Within the Districts and Overlays established by this Zoning Regulation there exist lots, structures, and uses of land and structures which were lawful before this Zoning Regulation was passed but, which would be prohibited, regulated, or restricted under the terms of this Zoning Regulation or subsequent amendments thereto. These non-conformities may continue as they exist at the time of this Regulation's adoption, but shall not be permitted to expand or be altered except in conformance to this Zoning Regulation. Such uses are declared by this Zoning Regulation to be incompatible with permitted uses in the districts or overlays involved. It is the intent of this Regulation that such non-conformities shall be allowed to continue, but not be enlarged upon, expanded and extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, unless otherwise approved by the Board of Zoning Appeals according to Section 1137.03.
1129.02 USES NOT NON-CONFORMING USES.
(a) Conditional Uses: Any use which has received conditional use authorization from the Board of Zoning Appeals under the appropriate terms of this Zoning Regulation shall not be deemed a non-conforming use in such a district, but shall without further action be considered a conforming use.
(b) Violation Not Rendered Non-Conforming: A use, structure, or lot in violation of the provisions of this Zoning Regulation, and any amendment thereto shall not become non- conforming upon the adoption of an amendment, but shall continue as violations.
1129.03 NON-CONFORMING LOTS OF RECORD.
Non-conforming lots of record shall be used or developed only in accordance with the following:
(a) Residential Development of Single Non-Conforming Lots of Record: In any district in which single family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any lot of record at the effective date of adoption or amendment of this Zoning Regulation, notwithstanding limitations imposed by other provision of this Zoning Regulation. Such lot must be in separate ownership and not of contiguous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for the area, width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, width, or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Zoning Appeals.
(b) Non-Conforming Lots of Record in Combination: If two or more lots or a combination of lots and portions of lots with contiguous frontage in single ownership are of record at the time of amendment of this Zoning Regulation and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this Zoning Regulation and no part of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this Zoning Regulation nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Regulation.
1129.04 NON-CONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this Zoning Regulation, lawful use of the land exists that is no longer permissible under the terms of this Zoning Regulation as enacted or amended, such use may be continued, so long as it remains otherwise lawful and is not enlarged or increased, nor extended beyond area designated non-conforming at the effective date of amendment of this Zoning Resolution, except as elsewhere provided and in accordance with the following provisions:
(a) Processing Operations: Where the use of land involves a processing operation, said operation may be continued in the entire area utilized for that purpose, provided modifications in processing operations by rearrangement of facilities or changes in methods shall be considered as part of such use.
(b) Discontinuance: If any such non-conforming uses of land are voluntarily discontinued for a period of more than two (2) years, any subsequent use of such land shall conform to the regulations specified by this Zoning Regulation for the District and Overlay if applicable, in which such land is located.
(c) Non-Conforming Structures Prohibited: No additional structure not conforming to the requirements of this Zoning Regulation shall be erected in connection with such non-conforming use of the land.
(d) Expansions: Expansions of existing non-conforming uses, where allowed by the Board of Zoning Appeals, may be made only on property owned by the applicant as of the effective date of this Zoning Regulation. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Regulation by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would be prohibited generally in the district involved.
1129.05 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of amendment of this Zoning Regulation that could not be built under the terms of this Zoning Regulation by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other, as long as it remains otherwise lawful, is subject to the following provisions:
(a) Enlargement or Alteration: No such non-conforming structure may be enlarged or altered in any way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(b) Destruction: Should such non-conforming structure or non-conforming portion of structure be destroyed by any means, to an extent of more than sixty percent (60%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Regulation.
(c) Restoration: When a building or structure, the use of which does not conform to the provisions of this Regulation, has been damaged by explosion, fire, or Act of God, to the extent of sixty percent (60%) or more of its reproduction value at the time of damage, it shall not be restored or reconstructed or in any way be used except in conformity with the district regulations of the district in which the building is situated.
(d) Moving of Structure: Should a non-conforming structure be moved for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(e) Repairs and Maintenance: On any non-conforming structure or portion of such a structure or a portion of a structure that contains a non-conforming use, ordinary repair or repair or replacement of non-weight bearing walls, fixtures, wiring, or plumbing may be performed provided that the cubic content existing when it became non-conforming 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 protection the public safety, upon such an order.
(f) Beginning of Construction: To avoid undue Zoning Regulation shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun and has been diligently carried on prior to the effective date of adoption or amendment of this Zoning Regulation. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that 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 work shall be diligently carried on until completion of the building involved.
1129.06 NON-CONFORMING USES OF STRUCTURES AND OF STRUCTURES AND PREMISES IN COMBINATION.
If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of amendment of this Zoning Regulation that would not be allowed in the district under the terms of this Zoning Regulation, the lawful use may be continued so long as it remains otherwise lawful, but shall be subject to the following provisions:
(a) Enlargement or Alteration of Structure: No existing structure devoted to a use not permitted by this Zoning Regulation 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) Extension of Use Throughout Building: Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such at the time of amendment of this Zoning Regulation, but no such use shall be extended to occupy any land outside such building.
(c) Change of Non-Conforming Use: If no structural alterations are made any non- conforming use of a structure, or structure and premises, may be changed as a conditional use, in accordance with this chapter and to another non-conforming use provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Regulation.
(d) Permitted Use May Not Revert to Non-Conforming Use: Any structure, or structure and land in combination, or land on which a non-conforming use exists in conformance with the regulations for the district, may not revert to a non- conforming status.
(e) Discontinuance: When a non-conforming use of a structure or structure and premises in combination is voluntarily discontinued or abandoned for more than two (2) years (except when government action impedes access to the premises), the structure or structure or premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(f) Removal or Destruction of Structure: When non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.
1129.07 RESIDENTIAL RENTAL CONFORMANCE.
All Non-Conforming Residential Rental Properties shall revert to their legal use as outlined in the District Regulations of the Codified Ordinances of the Village of Cedarville upon any of the following occurrences, whichever transpires first:
(a) Within five (5) years of April 11, 2022.
(b) At the date of deed transfer of the property.
(c) The property and/or any structure therein is found to be in violation of the International Property Maintenance Code or Codified Ordinances of the Village of Cedarville.
(Ord. 2022-15. Passed 5-23-22.)