Nelsonville City Zoning Code
NON-CONFORMITIES
§ 153.175 CONTINUANCE OF NON-CONFORMING USES.
Any lawful use of buildings or land existing at the effective date of this chapter or any relevant amendment hereto may be continued, even though such use does not conform to the provisions hereof. The non-conforming use of a building may be extended throughout those existing parts of the building that were arranged or designed for such use but not into areas of a building designed, constructed and previously used for uses conforming to the regulations of the district in which the structure is located, except with the approval of the Board of Zoning Appeals.
(Prior Code, § 27.06.01.01)
§ 153.176 EXPANSION OR ENLARGEMENT OF NON-CONFORMING USES.
No non-conforming building or structure nor conforming or non-conforming building or structure containing a non-conforming use shall be moved, extended, enlarged or altered and no non-conforming use of land shall be expanded, except with the approval of the Board of Zoning Appeals.
(Prior Code, § 27.06.01.02) Penalty, see § 153.999
§ 153.177 DISCONTINUANCE OF NON-CONFORMING USES.
A non-conforming use which is discontinued for a period of one year shall not again be used except in conformity with the use regulations of the district in which it is located, including, but not limited to, off-street parking requirements.
(Prior Code, § 27.06.01.03) Penalty, see § 153.999
§ 153.178 RECONSTRUCTION OF NON-CONFORMING USES.
A building containing a non-conforming use which has been damaged by fire, explosion, act of God or the public enemy less than 50% of its fair market value may be repaired or reconstructed, and used as before the time of the damage; provided such repairs or reconstruction are started within one year of the date of such damage and completed within two years. If repair or reconstruction is not started within the one-year period, then it shall not be restored and reused as before such damage except in conformity with the regulations of the district in which it is located. Any building containing a non-conforming use damaged greater than 50% of its fair market value shall not be restored and used as before such damage unless it conforms to the development and use regulations of the district in which it is located, including provisions of the flood damage reduction ordinance, historic preservation ordinance and off-street parking requirements, except with the approval of the Board of Zoning Appeals or Design Review Committee.
(Prior Code, § 27.06.01.04) Penalty, see § 153.999
§ 153.179 NON-CONFORMING MOBILE HOMES.
Mobile homes, trailers, industrialized units and manufactured homes that do not meet the definition of permanently sited manufactured homes and are located outside a manufactured home park licensed by the State Manufactured Homes Commission shall be considered non-conforming uses and subject to the continuous use requirements of § 153.177. Any such structure once removed, damaged in extent greater than 50% of its fair market value or left unoccupied for more than one year shall not be restored, replaced or reoccupied and used as before such removal, damage or abandonment.
(Prior Code, § 27.06.01.05) Penalty, see § 153.999
§ 153.180 NON-CONFORMING USES UNDER CONSTRUCTION.
Any building arranged, intended or designed for a non-conforming use, the construction of which was started at the time of the passage of this chapter or amendments hereto, must be both completed and put into such non-conforming use within one year after this chapter or amendment hereto take effect.
(Prior Code, § 27.06.01.06) Penalty, see § 153.999
§ 153.181 CHANGE OF NON-CONFORMING USES.
An existing non-conforming use may be changed to another non-conforming use provided that no structural alterations are proposed except as specifically required by enforcement of other codes and regulations, and provided that prior approval is granted by the Board of Zoning Appeals or Design Review Committee. In considering such a change, the Board of Zoning Appeals or the Design Review Committee may require specific conditions and additional development standards to minimize adverse impacts to adjoining property.
(Prior Code, § 27.06.01.07)
§ 153.182 CONTINUANCE OF NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the time of the effective date of this chapter or any amendment hereto that could not be built under the terms of this chapter because of regulations on building size, lot coverage, height, yard requirements or similar dimensional requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, except with the approval of the Board of Zoning Appeals or Design Review Committee, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Non-conforming structure which has been damaged by fire, explosion, act of God or the public enemy less than 50% of its fair market value may be repaired or reconstructed, and used as before the time of the damage; provided such repairs or reconstruction are started with in one year of the date of such damage and completed within two years. If repair or reconstruction is not started within the one-year period, then it shall not be restored except in conformity with the development regulations of the district in which it is located. Any structure damaged greater than 50% of its fair market value shall not be reconstructed except in conformance with the development requirements of the district which it is located, including, but not limited to, the flood damage reduction ordinance, the historic preservation ordinance and off-street parking requirements, except with the approval of the Board of Zoning Appeals or Design Review Committee.
(C) Should a non-conforming structure, for any reason, be moved, demolished, repaired or restored in an amount greater than 50% of its fair market value, it shall thereafter conform with all of the development and use regulations of the district in which it is located, including, but not limited to, the flood damage reduction ordinance, the historic preservation ordinance and off-street parking requirements, except with the approval of the Board of Zoning Appeals or Design Review Committee.
(Prior Code, § 27.06.02.01) Penalty, see § 153.999
§ 153.183 NON-CONFORMING LOTS OF RECORD.
(A) In any district, a permitted structure and customary accessory buildings may be erected on any single lot of record after the effective date of adoption of or amendment to this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both. All other requirements for development of the lot such as yard requirements and maximum lot coverage shall conform to the regulations for the district in which such lot is located. Variances from requirements other than non-conforming lot area or lot width shall be obtained only through action of the Board of Zoning Appeals.
(B) If two or more lots or combinations of lots and portions of lots with or without continuous frontage are of record in single ownership at the time of passage or amendment of this chapter contain a structure or structures and if all or part of the lots do not meet the minimum requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of such parcel shall be used, sold or divided in a manner which diminishes compliance with lot width and area requirements stated in this chapter or Chapter 151, whichever is the most restrictive.
(C) Prior to development or conditioned upon issuance of a zoning certificate for one or more vacant, undeveloped, non-conforming lots where there is a contiguous lot or lots in same ownership, said lot, lots or portions thereof necessary to meet the minimum lot width and/or area requirements of this chapter or Chapter 151, whichever is more restrictive, shall be required either to be re-platted and a new metes and bounds description recorded with the County Recorder or a new deed shall be recorded with the County Auditor for said parcels containing language describing them to be and remain continuous and contiguous.
(D) Prior to development or conditioned upon issuance of a zoning certificate for two or more lots, conforming or non-conforming as to minimum lot width and/or area requirements of this chapter or Chapter 151, whichever is more restrictive, where such development is proposed upon, over or above an existing property line and where such property is in same ownership, said lots shall be required either to be re-platted and a new metes and bounds description recorded with the County Recorder or a new deed shall be recorded with the County Auditor for said parcels containing language describing them to be and remain continuous and contiguous.
(Prior Code, § 27.06.03.01) Penalty, see § 153.999