Lyndhurst City Zoning Code
CHAPTER 1174
Nonconforming Uses
1174.01 INTENT.
It is the intent of this chapter to regulate nonconforming lots, buildings and uses of land and buildings, as follows:
(a) To provide for the continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and substitution, of lots, buildings and uses of land and buildings which are not permitted or are restricted under this Zoning Code, but which were lawful prior to its passage or amendment;
(b) To encourage the shift from nonconformity to conformity with this Zoning Code by prohibiting the replacement of abandoned nonconforming uses with other nonconforming uses and by requiring that no nonconforming use be moved, extended, altered, expanded or changed to another nonconformity except as specifically provided for in this Zoning Code.
(c) To provide regulations for nonconforming lots which are held in common ownership; and
(d) To provide regulations for the sale of nonconforming lots.
(Ord. 96-61. Passed 4-21-97.)
1174.02 CONTINUATION, ENLARGEMENT OR EXPANSION.
Any use of land or buildings, and any design of buildings or location of buildings on a lot, lawfully existing on the effective date of applicable zoning regulations, may be continued even though such use, design or location does not conform to the regulations of this Zoning Code for the district in which it is located, provided, however, that no enlargement or expansion of such nonconforming building or use shall be made.
(Ord. 96-61. Passed 4-21-97.)
1174.03 BUILDINGS UNDER CONSTRUCTION.
No change is required by this Zoning Code in the plans, construction or designated use of a building which does not conform to the regulations of this Zoning Code for the district in which its premises are located, provided that construction thereon was begun before the passage of this Zoning Code in accordance with the law in effect at the time such construction was begun, and provided, further, that such building or structure is completed within eighteen months from the effective date of applicable zoning regulations.
(Ord. 96-61. Passed 4-21-97.)
1174.04 CHANGES.
(a) No change of a nonconforming use shall be made to a less restricted use.
(b) Any part of a nonconforming use shall be permitted to be strengthened or restored to a safe or sanitary condition if declared unsafe or unsanitary by the Building Commissioner or other authorized administrative official or agency of the City. Unless changed to a conforming building and use, structural changes shall not exceed in cost, during the life of such building, from and after the effective date of applicable zoning regulations, sixty percent of the value of such building shown on the tax duplicate of Cuyahoga County at the time of the first such expenditure after the effective date of this Zoning Code.
(c) No structural change shall be made in a nonconforming building, except as provided in subsection (b) hereof, unless it is changed to a conforming building and use or unless the change is approved by the Building Commissioner upon finding that the change is in the direction of conformity and will not extend unduly the life of an objectionable nonconforming use in the neighborhood.
(d) Any change of a nonconforming use to another use of the same degree of nonconformity, as determined by the most restricted district in which the existing nonconforming use is permitted, shall be made only upon the approval of the City Planning Commission upon finding that the proposed use is not more injurious to the neighborhood property values than the existing use.
(Ord. 96-61. Passed 4-21-97.)
1174.05 RESTORATION AND REPAIR AFTER FIRE OR OTHER NATURAL DISASTER.
(a) No building which has been damaged by fire or other causes to the extent of more than fifty percent of its assessed tax valuation at the time it was so damaged shall be repaired or rebuilt except in conformity with the regulations for the district in which such building is located, provided, however, that two-family dwellings constructed on lots zoned at the time of construction for two-family use, but subsequently zoned for one-family use, may in case of destruction or removal by whatever cause, including acts of God, be restored to two- family use without limitations as to cost.
(b) Where the damage so sustained represents less than fifty percent of its assessed tax valuation at the time it was so damaged, or when the building has been declared unsafe by the Building Commissioner or other authorized administrative official, it may be replaced and restored and devoted to the same or a more restricted use, provided that such repair or restoration is completed within six months of the fire or other cause of such damage or within six months from the time the building is declared unsafe.
(Ord. 96-61. Passed 4-21-97.)
1174.06 ABANDONMENT.
(a) A nonconforming use which has been abandoned shall not be replaced by a nonconforming use.
(b) A nonconforming use shall be deemed abandoned when the nonconforming use has been replaced by a conforming use, or when the nonconforming use has ceased and has not been resumed for a continuous period of six months.
(c) A nonconforming use of a building shall be deemed abandoned when it has been replaced by a conforming use or when the nonconforming use has ceased and the intent of the owner to discontinue the use is apparent, or when the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment for a continuous period of one year.
(Ord. 96-61. Passed 4-21-97.)
1174.07 COMMON OWNERSHIP OF RECORDED LOTS.
Where two or more contiguous nonconforming recorded lots are held in or come into common ownership, they shall be subject to the following provisions, in addition to limitations imposed by other provisions of this Zoning Code:
(a) Combination Into Zoning Lots. Where two or more nonconforming recorded lots, or a combination of such lots and portions of lots, with continuous frontage, are held in common ownership, they shall be combined into zoning lots and shall be subject to all requirements applicable to the district in which such lots are located.
(b) Nonconforming Lots as Conforming Lots. Where an existing nonconforming recorded lot, or a combination of existing nonconforming recorded lots, held in common ownership, results in a lot size which is within ten percent of the lot size required in the particular district in which such property is located, they shall be deemed to be one conforming zoning lot for purposes of this Zoning Code. This provision shall apply only to nonconforming recorded size required for the district in which such lots are located.
(c) Sale or Division of Nonconforming Recorded Lots. If two or more nonconforming recorded lots, or a combination of such lots and portions of lots, with continuous frontage, are held in common ownership, they shall be considered, for purposes of this Zoning Code, to be an undivided parcel when offered for sale, and no portion of said parcel shall be used or sold which does not meet the lot width and area requirements of subsection (b) hereof, nor shall any division of any parcel be made which leaves remaining any lot with width or area below that required in subsection (b) hereof.
(Ord. 96-61. Passed 4-21-97.)