Hiram City Zoning Code
CHAPTER 1109
Nonconformities
1109.01 INTENT.
Within the districts established by this Zoning Code or amendments that may later be adopted, there exists lots, uses of land, structures, and uses of structures and land in combination which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Code, or future amendments. 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 nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 88-10. Passed 1-10-89.)
1109.02 CONSTRUCTION BEGUN PRIOR TO ZONING EFFECTIVE DATE.
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 carried on diligently, and completed within two (2) years of issuance of zoning permit. 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. (Ord. 88-10. Passed 1-10-89.)
1109.03 NONCONFORMING 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 single lot of record at the effective date of adoption or amendment of this Zoning Code notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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 requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of other than lot area or width shall be obtained only through action of the Planning Commission.
If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment in this Zoning Code, and if all or part of the lots with no buildings, do not meet the requirements established for lot width, and area, the land involved shall be considered to be an undivided parcel for the purposes of this Zoning ode and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code, 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 Code.
(Ord. 88-10. Passed 1-10-89.)
1109.04 NONCONFORMING USES OF LAND.
Where, at the time of adoption of this Zoning Code, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided:
(a) No such nonconforming uses 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 uses shall be moved in whole or 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 Zoning Code;
(c) If any such nonconforming uses of land are discontinued or abandoned for more than two (2) years, 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; and
(d) No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming use of land.
(Ord. 88-10. Passed 1-10-89.)
1109.05 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(b) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Code; and
(c) Should any 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. 88-10. Passed 1-10-89.)
1109.06 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION.
If the lawful use involving individual structures 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 Zoning 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) 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;
(c) If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the Planning Commission, be changed to another nonconforming use provided that the Planning Commission shall find that the proposed use is more appropriate to the district than the existing nonconforming use, in that it is less conflicting with surrounding land uses and comes closer to meeting the intent and purpose of the district in which it is located, than the current nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with other provisions of this Code.
(d) 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 and the nonconforming use may not thereafter be resumed; and
(e) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than two (2) years, the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(Ord. 88-10. Passed 1-10-89.)
1109.07 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.
(Ord. 88-10. Passed 1-10-89.)
1109.08 NONCONFORMING CONDITIONAL USES.
Uses listed in the District in which they are located as conditional uses prior to enactment or amendment of this Zoning Code, shall be considered non-conforming uses if they do not fully comply with the conditions for the conditionally permitted uses established by this Zoning Code.
(Ord. 88-10. Passed 1-10-89.)
1109.09 CERTIFICATE OF NONCONFORMING USE.
The Zoning Inspector shall issue a certificate of nonconforming use to all known owners of property for which the use of land or structures does not conform to the uses listed in the District in which it is located.
No use of land, buildings or structures shall be made other than that specified on the Certificate of Nonconforming Use unless it is for a conforming use or the Planning Commission has approved a more conforming use as specified in Section 1109.06(c) hereof.
A copy of each Certificate of Nonconforming Use shall be retained by the Zoning Inspector and one copy filed in the Fiscal Officer’s office.
(Ord. 88-10. Passed 1-10-89.)