Fairborn City Zoning Code
CHAPTER 1124
Nonconformities
1124.01 INTENT.
(a) Within the districts established by this Zoning Code or amendments thereto that may later be adopted there exist lots, structures and uses of land and structures which were lawful before this Zoning Code was passed or amended, but which would be prohibited under the terms of this Zoning Code or any future amendment.
(b) It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconforming uses shall not be enlarged upon, expanded nor extended, nor be used as a basis for additional structures or uses prohibited elsewhere in the same district. Structures which are nonconforming due to front, side or rear yard requirements may be expanded or extended in conformance with this Zoning Code. Variances of area, width, and yard requirements may be granted by the Board of Zoning Appeals where necessary and where such addition does not create an unusual neighborhood building type.
(c) To avoid undue hardship, nothing in this Zoning Code 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 Zoning Code and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.
(Ord. 34-17. Effective 12-7-17.)
1124.02 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of lot shall conform to the provisions of this Chapter.
(Ord. 34-17. Effective 12-7-17.)
1124.03 NONCONFORMING USES OF LAND.
Where, at the effective date of adoption or amendment of this Zoning Code, lawful use of land exists that is no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued, so long as it remains otherwise lawful subject to the following provisions:
(a) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.
(b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Code.
(c) If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Zoning Code, for the district in which such land is located.
(d) Signs or display devices for uses of land not permitted in a zoning district shall not be increased in number or in size beyond the size allowed for conforming uses in the district. Signs used for commercial purposes shall not exceed the size of signs and locational requirements of the NC Neighborhood Commercial District.
(Ord. 34-17. Effective 12-7-17.)
1124.04 NONCONFORMING STRUCTURE.
If a lawful structure, or structures and land in combination, exists at the effective date of adoption or amendment of this Zoning 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) No such structure may be enlarged or altered in a way which increases the nonconformity.
(b) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.
(c) 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.
(Ord. 34-17. Effective 12-7-17.)
(Ord. 34-17. Effective 12-7-17.)
1124.05 NONCONFORMING USES OF STRUCTURES.
If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning 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) No existing structure devoted to a use not permitted by this Zoning 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) No additional signs or display devices may be attached to the building or placed on land outside the building.
(c) 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 Zoning Code, but no such use shall be extended to occupy any land outside such building.
(d) If no structural alterations are made, any nonconforming use of a structure, or structure and lands, may be changed to another nonconforming use provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the provisions of this Zoning Code.
(e) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and any nonconforming use shall not thereafter be resumed.
(f) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(g) When a nonconforming use status applies to a structure and land in combination, removal or destruction of the structure per Section 1124.04(b) shall eliminate the nonconforming status of the land.
(Ord. 34-17. Effective 12-7-17.)
1124.06 REPAIRS AND MAINTENANCE.
(a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of this Zoning Code shall not be increased.
(b) Nothing in this Zoning Code 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 City official charged with protecting the public safety, upon order of such official.
(Ord. 34-17. Effective 12-7-17.)
1124.07 USES UNDER PRIOR SPECIAL PERMITS DEEMED CONFORMING USES.
Any use for which a special permit has been issued under a prior ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district under the conditions of such permit.
(Ord. 34-17. Effective 12-7-17.)