Leo Cedarville City Zoning Code
NONCONFORMING BUILDINGS
STRUCTURES, LOTS, AND/OR USES
§ 152.230 INTENT.
Upon adoption of this chapter and zoning map, some buildings, structures, lots, and uses may no longer conform to the regulations of the zoning district where they are located. For this reason, this subchapter has been generated to provide the rules, policies and regulations that apply to these buildings, structures, lots, and uses referred to as legally nonconforming.
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§ 152.231 DISTINCTION BETWEEN NONCONFORMING AND LEGALLY NONCONFORMING.
(A) A building, structure, lot or use that does not meet the standards and regulations of the Zoning Ordinance is considered nonconforming. A nonconforming property shall be subject to actions and penalties by the Plan Commission or BZA and shall be altered to conform with all applicable standards and regulations.
(B) Legally nonconforming differs from nonconforming in that the reason for the nonconformance is caused by a change to the Zoning Ordinance. The building, structure, lot or use has not changed, but due to the ordinance change, the property no longer conforms to the policies and standards of the zoning district the property resides. When this situation occurs, the property is deemed legally nonconforming or another term commonly used is “grandfathered.”
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§ 152.232 NONCONFORMING BUILDINGS AND STRUCTURES.
(A) All conforming or legally nonconforming buildings and structures prior to the effective date of this chapter that no longer meet the design standards (see list below) under this chapter shall be deemed a legally nonconforming building(s) or structure(s).
(B) Legally nonconforming building(s) or structure(s) no longer meet one or more of the design standards of this chapter. These design standards include:
(1) Front, side and rear yard setbacks;
(2) Maximum lot coverage;
(3) Minimum main floor area;
(4) Height;
(5) Temporary structures;
(6) Landscaping;
(7) Parking;
(8) Accessory structures; and
(9) Any other provision of this chapter that is applicable to the building or structure.
(C) Legally nonconforming building(s) or structure(s) may be enlarged or altered if the new features are conforming and the nonconforming features are reduced in nonconformity.
(D) Damaged or destroyed legally nonconforming building(s) or structure(s) that lose 50% of the fair market value, space, function, or nonconforming feature(s) shall not reconstruct the building or structure without conforming to the policies and provisions of this chapter.
(E) No building or structure may be moved for any reason other than to reduce the feature(s) that are in nonconformance.
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§ 152.233 NONCONFORMING LOTS.
(A) All conforming or legally nonconforming lots prior to the effective date of this chapter that no longer meet the lot standards (see list below) under this chapter shall be deemed a legally nonconforming lot.
(B) A legally nonconforming lot no longer meets one or more of the lot standards of this chapter. These lot standards include:
(1) Lot area;
(2) Lot width;
(3) Lot depth;
(4) Lot frontage; and
(5) Any other provision of this chapter that is applicable to lots.
(C) Legally nonconforming lots may be built upon only if the use is permitted and design standards for the applicable zoning district of the chapter are met. Subdivision lots, approved prior to the effective date of this chapter are to be governed by the Zoning Ordinance and Subdivision Ordinance under which they were approved.
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§ 152.234 NONCONFORMING USES OF STRUCTURES, LAND, OR STRUCTURES AND LAND IN COMBINATION.
Any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of this chapter or its subsequent amendments that is no longer a permitted use in the district where it is located shall be deemed a legally nonconforming use. A legally nonconforming use may continue provided that it remains otherwise lawful, subject to the following conditions.
(A) No existing structure devoted to a legal nonconforming use shall be enlarged, expanded, increased, extended, constructed, reconstructed, moved, or structurally altered except as to change the use of the structure to a use permitted in the district in which it is located or as otherwise specified in division (D) below or otherwise in this chapter.
(B) No building or structure shall be constructed in connection with an existing legal nonconforming use of land.
(C) Any legal nonconforming use of a structure may be extended throughout any parts of a building which were plainly arranged or designed for such use at the effective date of this chapter or its subsequent amendments, but no such use shall be extended to occupy any land outside the building except as allowed in division (D) below.
(D) In the case of a legal nonconforming use of structure, the structure may only be expanded on two occasions from the date it becomes legally nonconforming. Each of the two expansions may not exceed 10% of the existing floor area. The expansion shall conform to all applicable development standards except for landscaping, unless a variance of developmental standards is received from the Board of Zoning Appeals. If the structure is occupied by a commercial or industrial use in a residential district, § 152.137(C) and (D) shall be used for parking standards.
(E) If no structural alterations are made, a legally nonconforming use of structure or structure and land in combination may be changed to another legally nonconforming use, provided that the zoning administrator makes a determination and specific findings that the proposed use is less of impact or lower impact than the existing legally nonconforming use. However, if the new use requires more parking or loading area than the previous use, such new use will comply with the requirements of §§ 152.137 and 152.138 of this chapter, unless a variance from developmental standards is granted by the Board of Zoning Appeals.
(F) If a legally nonconforming use is discontinued or abandoned for six consecutive months, except when government action impedes access to the premises, any subsequent use of such land, the new use of structure, land or structure and land in combination shall conform to the provisions of this chapter.
(G) When a legally nonconforming use is superseded by a permitted use, it shall thereafter conform to regulations of the district, the legally nonconforming use may not thereafter be resumed.
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§ 152.235 REPAIRS AND MAINTENANCE.
The following applies to legally nonconforming structures or buildings, and legally nonconforming uses of structures, land, or structures and land in combination:
(A) Ordinary repairs and maintenance of any legally nonconforming structure or building may be completed, but must obtain proper permits. Repairs may include the replacement of interior walls, heating, fixtures, wiring, or plumbing; under the condition that the repairs and maintenance do not add to the nonconformity or add a nuisance.
(B) If a structure or portion of a structure were to become unsafe or unlawful due to lack of repairs or maintenance, and is declared by an authorized official to be unsafe or condemned due to physical condition; the building or structure shall not be restored, repaired or rebuilt within eight weeks of the declaration. In the event that an unsafe or condemned building or structure is not restored, repaired or rebuilt within the eight-week period of time, it will not be able to be used or occupied until such time that it is made to conform to all provisions of this chapter.
(C) If a building or structure becomes unsafe or unlawful due to physical condition and is razed, any new building or structure shall be built in conformity with the district in which it is located.
(D) Nothing in this section shall be deemed to prevent the strengthening, repairing, or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by any official charged with protecting public safety upon order of such official.
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