Fremont City Zoning Code
CHAPTER 1175
Nonconforming Uses
1175.01 INTENT.
At the time of the adoption of this Zoning Ordinance, there exist lots of record, structures and uses of structures and land which do not conform to the requirements of this Zoning Ordinance. While such conditions are generally permitted to continue, the purpose of this Chapter is to:
(a) Set forth specific procedures and requirements controlling the continuation, expansion or alteration of such nonconformities, and in certain cases, to establish specific requirements to eliminate such conditions.
(b) It is further the intent of this Zoning Ordinance that nonconformities shall not be encouraged to expand without restrictions, nor be used as a means for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 2020-4053. Passed 1-7-21.)
1175.02 INCOMPATIBILITY OF NONCONFORMING USES.
Nonconforming uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged in any way, including attachment to a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located, except as hereafter provided in this Chapter.
(Ord. 2020-4053. Passed 1-7-21.)
1175.03 GENERAL COMPLIANCE STANDARDS.
(a) Passage of this Zoning Ordinance in no way legalizes any illegal uses existing at the time of its adoption.
(b) The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard of building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(c) Nonconforming buildings, structures or uses shall not be extended, enlarged, restored, structurally altered, moved to another zoning lot or relocated within the same lot except in conformance with the regulations of this Chapter.
(d) The change in ownership of a nonconforming building, structure, use or lot of record does not, in itself, require the nonconformity to be corrected.
(e) Nonconforming uses which have been discontinued or structures containing nonconforming uses removed for a period of twelve (12) consecutive months shall not be re-established except in conformity with the requirements of this Zoning Ordinance. Nonconforming uses include use of land, structures and/or equipment and fixtures.
(f) No nonconforming portion of a building or structure shall be reconstructed or structurally altered to an extent exceeding in cost fifty percent (50%) of the value at which the building or structure’s market value, as determined by the Sandusky County Auditor, unless such reconstruction or alteration reduces the extent of the nonconforming development. These cost limitations may be appealed to the Board of Zoning Appeals under Subsection 1165.01(b): Variance.
(g) If any nonconforming building, structure or use is damaged to an extent exceeding fifty percent (50%) of its market value, such structure shall only be rebuilt in compliance with the requirements of this Zoning Ordinance. Such reconstruction shall require the application and issuance of all applicable zoning and building permits.
(h) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, public park or library within 1,500 feet, or a residential district within 1,000 feet, of the sexually oriented business.
(i) An applicant for any development review procedure that deals with nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Zoning Ordinance and/or Zoning Amendment.
(Ord. 2020-4053. Passed 1-7-21.)
1175.04 NONCONFORMING LOTS OF RECORD.
(a) Residential Lots. Any lot of record existing at the effective date of adoption of this Zoning Ordinance or any of its subsequent amendments, which does not conform to the lot requirements of the district in which it is located, is to be considered a nonconforming lot of record.
(1) Where there exists one (1) nonconforming lot of record in single ownership, with frontage along a public right of way, such shall be considered a buildable lot for the district in which it is located if the dwelling unit can meet the square footage requirements of that district.
(2) Where two (2) or more contiguous, nonconforming, vacant lots of record are in single ownership, the Zoning Inspector may require replatting to minimize the nonconformity. The replatted lots shall be approved by the Planning Commission and once approved, the replatted lots shall be considered as having met the lot size requirements of this Zoning Ordinance. The number of replatted lots of record shall at least equal one-half (½) of the original number of lots of record.
(b) Commercial and Industrial Lots.
(1) Lots of record which are presently used, or have been used, for commercial or industrial uses within an existing commercial or industrial zoning district and which ownership was on record at the time of adoption of the Zoning Ordinance or Zoning Amendment which do not meet the requirements of the Zoning Ordinance for minimum lot width or minimum set-back line, minimum lot frontage, minimum lot area, or minimum open space, may be utilized for commercial or industrial uses under conditions established by the Planning Commission.
(2) The purpose of this provision is to permit utilization of recorded lots though they may not meet minimum area requirements of the district of which they are part of; however, the Board of Zoning Appeals, under proper application, and for good cause, may vary minimum area and set-back requirements on existing substandard lots, subject to Section 1165.04: Procedure for Variance.
(Ord. 2020-4053. Passed 1-7-21.)
1175.05 NONCONFORMING STRUCTURES.
Where a lawful structure exists, at the effective date of adoption or amendment of this Zoning Ordinance, that could not be built under the terms of this Zoning Ordinance, such structure may be continued so long as it remains otherwise lawful. Any proposed enlargement or alteration of nonconforming buildings or structures must meet the provisions in Section 1175.03: General Compliance Standards, and Section 1175.04: Nonconforming Lots of Record.
(Ord. 2020-4053. Passed 1-7-21.)
1175.06 NONCONFORMING USES.
Where otherwise lawful uses of land or structures exist at the effective date of adoption of this Zoning Ordinance, or amendments thereto, which would not be permitted by the regulation contained in this Zoning Ordinance, such uses may be continued so long as they remain otherwise lawful.
(a) Expansion of a nonconforming use into a part of a building or structure that was lawfully and manifestly designed or arranged for such uses are allowed.
(b) No 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 Ordinance.
(c) A nonconforming building, structure, or premises, if changed to a use permitted in the district in which the lot is located, shall not thereafter be used except in conformity with the said permitted use in that district; a nonconforming building, structure, or premises may be changed to another use only if such use is included in the district in which the nonconforming use is a part.
(d) A request for change in the nonconforming use of a lot or structure shall be made to the Board of Zoning Appeals and accompanied by a complete application and fee. Review process shall follow the procedures set for in Section 1165.04: Procedure for Variance.
(e) Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of this Zoning Ordinance shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. Such conditionally permitted use shall be considered a conforming use on the particular lot on which it is located, if it meets all of the requirements of the district in which it is located.
(f) A nonconforming business may expand its off-street parking area on to an adjacent lot or lots providing that the buffering and landscaping requirements of Chapter 1147: Landscaping, are met and the Board of Zoning Appeals follows procedures of Chapter 1163: Conditional Permitted Uses, and issue a conditional use permit.
(g) Any other expansion of a nonconforming use shall not be allowed into adjacent lots purchased after the Zoning Ordinance made the original building a nonconforming use or into adjacent lots previously owned by the same land owner and used in conformity with the Zoning Ordinance and which did not qualify as a nonconforming use.
(Ord. 2020-4053. Passed 1-7-21.)
1175.07 CERTIFICATE OF NONCONFORMING USE.
For existing nonconformities, landowners may request and obtain from the Zoning Inspector a certificate showing nonconforming use status.
(a) In accordance with the provisions of this Chapter, no use of land, building or structures shall be made other than that specified on the certificate of nonconforming use unless such use shall be in conformity with the provisions of the use district in which the property is located.
(b) A copy of each certificate of nonconforming use shall be kept on file in the Zoning office. (Ord. 2020-4053. Passed 1-7-21.)