Franklin County Unincorporated
City Zoning Code
City Zoning Code
NON-CONFORMING USES
AND STRUCTURES
§ 155.230 NON-CONFORMING USES.
Non-conforming uses are any lawful use, whether of a building, structure or tract of land existing at the time of the enactment of this chapter which does not conform to one or more of the provisions of this chapter.
(Ord. 8, passed 10-23-1987, § 12.01)
§ 155.231 CONTINUANCE OF NON-CONFORMING USES.
A non-conforming use existing lawfully at the time of enactment of this chapter may be continued, except as restricted in this chapter.
(A) Repairs, alterations.
(1) Nothing in this chapter shall be interpreted to prevent normal or maintenance of any building occupied by a non-conforming use.
(2) Alterations may be made in such a building when necessary in the interest of public health or safety or appearance.
(B) Extension, enlargement or relocation. A non-conforming use shall not be extended, enlarged or placed on a different portion of the lot occupied by such use on date of enactment of the ordinance.
(Ord. 8, passed 10-23-1987, § 12.02)
§ 155.232 CHANGES TO OTHER USES.
(A) Change of conforming use. A non-conforming use may be changed to any conforming use.
(B) Change to a less non-conforming use. A non-conforming use may be changed to any conforming use; provided, the new use is less non-conforming than the original use.
(1) Any change to a less non-conforming use shall be interpreted to be a change to any use which is first listed in the use table at least one column left of the column in which the non-conforming use is first listed.
(2) Any change to another, less non-conforming use must be approved by the Board of Zoning Adjustments.
(3) In considering changes to a lesser non-conforming use, the Board shall consider the impact upon the surrounding area, the site design of the proposed use and the rehabilitation of the structure.
(4) Any change shall only be permitted if adequate provisions for required off-street parking are assured.
(Ord. 8, passed 10-23-1987, § 12.03)
§ 155.233 CESSATION.
If, for a continuous period of six months, a non-conforming use has ceased or the furnishings of a non-conforming use are removed and not replaced, the building or land shall, thereafter, be used only for a conforming use or less non-conforming use as provided in § 155.232 of this chapter unless an extension has been granted by the Board of Zoning Adjustments.
(Ord. 8, passed 10-23-1987, § 12.04)
§ 155.234 DISTRICT CHANGES.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any non- conforming uses existing therein.
(Ord. 8, passed 10-23-1987, § 12.05)
§ 155.235 AMORTIZATION OF LAND AND STRUCTURES.
The non-conforming use of land where no building is involved shall be discontinued within five years from the date of adoption of these regulations, except where farming is the primary use lawfully existing at the time this subchapter became effective.
(Ord. 8, passed 10-23-1987, § 12.06)
§ 155.236 NON-COMPLYING STRUCTURES.
Any structure which does not comply with one or more of the applicable district height, bulk and density regulations or off-street parking requirements either on date of enactment of this chapter or as a result of any subsequent amendments to this subchapter shall be a provision of this subchapter.
(A) Continuance of non-complying structures. The use of a non-complying structure may be continued subject to provisions of this subchapter.
(1) Maintenance, repairs. Nothing in this subchapter shall be interpreted to prevent normal maintenance and repair when necessary in the interest of public health, safety or appearance.
(2) Enlargement. A non-complying structure shall not be enlarged in any way which would either:
(a) Create a new non-compliance; or
(b) Increase the degree of non-compliance with respect to bulk regulations and off-street parking requirements.
(B) Replacing damage buildings. Any non-complying building or structure damaged more than 60% of its then fair market value (as determined by an insurance company’s appraiser) by fire, collapse, explosion or acts of God shall not be restored or reconstructed in any non-complying form; except that, such building may be rebuilt but not to exceed its original non-conformity. If damage is less than 60%, it may be reconstructed as before; provided that, a building permit is issued within six months.
(Ord. 8, passed 10-23-1987, § 12.07)
§ 155.237 NON-CONFORMING LOTS OF RECORD.
(A) Substandard lots. In any residential zone or district, permitted uses may be erected or enlarged on any single lot of record at the date of adoption of these zoning regulations even though such lot fails to meet the requirements for area or frontage or both:
(1) Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership; and
(2) Dimensional requirements other than those applying to area or frontage, or both of the lots shall conform to the regulations of the zone or district in which such lot is located.
(B) Combination of lots. In any residential zone or district permitted uses may be erected or enlarged on any single lot of record at the date of adoption of or amendment of this zoning regulation and do not meet the requirements established for lot width or area, the land involved shall be considered to be an undivided parcel for the purposes of this chapter.
(C) Subdivision of lots. No subdivision of such parcel shall be made which creates a lot with width or area below the requirements stated in this chapter.
(Ord. 8, passed 10-23-1987, § 12.08)
§ 155.238 CONDITIONAL USES NOT NON-CONFORMING USES.
Any existing principal permitted use at the date of the adoption or amendment of this chapter, which would, thereafter, require a conditional use permit shall without further action be deemed a conforming use, but any enlargement or replacement of such use in buildings or on land, shall require a conditional use permit as provided.
(Ord. 8, passed 10-23-1987, § 12.09)