Title and Enactment

Definitions

General Provisions

District Use Regulations and Development Standards

Overlay Districts

Supplemental Conditions

Off-Street Parking and Loading Requirements

Site Plan Review Procedures

Signs and Outdoor Advertising Structures

Nonconformities

Enforcement

Planning Commission

Board of Zoning Appeals

Amendments

New Concord City Zoning Code

CHAPTER 1177

Nonconformities

1177.01 CONTINUANCE OF NONCONFORMING USES.

Any lawful use of buildings or land existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof. The nonconforming use of a building may be extended throughout those existing parts of the building that were arranged or designed for such use.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.02 EXPANSION OR ENLARGEMENT OF NONCONFORMING USES.

No nonconforming building or structure shall be moved, extended, enlarged, or altered and no nonconforming use of land shall be expanded, except when authorized by the Planning Commission according to the provisions of Section 1185.02.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.03 DISCONTINUANCE OF NONCONFORMING USES.

A nonconforming use which is discontinued for a period of one (1) year shall not again be used except in conformity with the regulations of the district in which it is located.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.04 RECONSTRUCTION OF NONCONFORMING USES.

A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty (60) percent or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty (60) percent of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of the damage, provided such repairs or reconstruction are started within one (1) year of the date of such damage.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.05 NONCONFORMING MOBILE HOMES.

A nonconforming trailer or mobile home located on a lot (outside a manufactured home park) in any district, once removed, shall not be relocated on such lot unless the unit was "traded in" for another unit which meets the definition of a manufactured home as defined herein. In this instance, the replacement shall be on site within thirty (30) days of the removal of the previous unit and must meet all yard requirements.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.06 NONCONFORMING USES UNDER CONSTRUCTION.

Any building arranged, intended or designed for a nonconforming use, the construction of which is started at the time of the passage of this ordinance, may be completed and put into such nonconforming use within one (1) year after this Ordinance, or any amendment hereto takes effect.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.07 CHANGE OF NONCONFORMING USES.

An existing nonconforming use may be changed to another nonconforming use provided that no structural alterations are made (except as specifically required by enforcement of other codes and regulations), and provided that prior approval is granted by the Planning Commission according to Section 1185.02. In considering such a change, the Planning Commission may require specific conditions and additional development standards to minimize adverse impacts to adjoining property. The new use must meet all parking requirements.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.08 CONTINUANCE OF NONCONFORMING STRUCTURES.

Where a lawful structure exists at the time of the effective date of this Ordinance, or any amendment hereto that could not be built under the terms of this Ordinance 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, but any structure or portion thereof may be altered to decrease its non-conformity.

(b) When a non-conforming structure has been damaged by fire, explosion, act of God or the public enemy to the extent that sixty (60) percent or more of its reproduction value is lost, then such non-conforming structure may only be repaired or reconstructed according to the requirements of this Ordinance.

(c) Should a nonconforming structure be moved for any reason, it shall thereafter conform to the regulation for the district in which it is located after it has moved.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.09 NONCONFORMING LOTS OF RECORD.

(a) Single Non-conforming 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 Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. 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 from requirements other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Chapter 1189.

(b) Non-Conforming Lots of Record in Combination: 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 of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner that diminishes compliance with lot width and are requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.10 NONCONFORMING SIGNS.

Any lawful sign existing and being used and maintained by an active entity at the effective date of this Ordinance may continue even though it does not conform to the provision hereof. Any nonconforming sign requiring a permit including a change of use of the property shall be made to comply with the provisions of this Ordinance.

(Ord. K-5-94-2. Passed 5-9-94.)

New Concord City Zoning Code

CHAPTER 1177

Nonconformities

1177.01 CONTINUANCE OF NONCONFORMING USES.

Any lawful use of buildings or land existing at the effective date of this Ordinance may be continued, even though such use does not conform to the provisions hereof. The nonconforming use of a building may be extended throughout those existing parts of the building that were arranged or designed for such use.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.02 EXPANSION OR ENLARGEMENT OF NONCONFORMING USES.

No nonconforming building or structure shall be moved, extended, enlarged, or altered and no nonconforming use of land shall be expanded, except when authorized by the Planning Commission according to the provisions of Section 1185.02.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.03 DISCONTINUANCE OF NONCONFORMING USES.

A nonconforming use which is discontinued for a period of one (1) year shall not again be used except in conformity with the regulations of the district in which it is located.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.04 RECONSTRUCTION OF NONCONFORMING USES.

A nonconforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty (60) percent or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty (60) percent of its reproduction value, a nonconforming use may be repaired or reconstructed, and used as before the time of the damage, provided such repairs or reconstruction are started within one (1) year of the date of such damage.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.05 NONCONFORMING MOBILE HOMES.

A nonconforming trailer or mobile home located on a lot (outside a manufactured home park) in any district, once removed, shall not be relocated on such lot unless the unit was "traded in" for another unit which meets the definition of a manufactured home as defined herein. In this instance, the replacement shall be on site within thirty (30) days of the removal of the previous unit and must meet all yard requirements.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.06 NONCONFORMING USES UNDER CONSTRUCTION.

Any building arranged, intended or designed for a nonconforming use, the construction of which is started at the time of the passage of this ordinance, may be completed and put into such nonconforming use within one (1) year after this Ordinance, or any amendment hereto takes effect.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.07 CHANGE OF NONCONFORMING USES.

An existing nonconforming use may be changed to another nonconforming use provided that no structural alterations are made (except as specifically required by enforcement of other codes and regulations), and provided that prior approval is granted by the Planning Commission according to Section 1185.02. In considering such a change, the Planning Commission may require specific conditions and additional development standards to minimize adverse impacts to adjoining property. The new use must meet all parking requirements.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.08 CONTINUANCE OF NONCONFORMING STRUCTURES.

Where a lawful structure exists at the time of the effective date of this Ordinance, or any amendment hereto that could not be built under the terms of this Ordinance 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, but any structure or portion thereof may be altered to decrease its non-conformity.

(b) When a non-conforming structure has been damaged by fire, explosion, act of God or the public enemy to the extent that sixty (60) percent or more of its reproduction value is lost, then such non-conforming structure may only be repaired or reconstructed according to the requirements of this Ordinance.

(c) Should a nonconforming structure be moved for any reason, it shall thereafter conform to the regulation for the district in which it is located after it has moved.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.09 NONCONFORMING LOTS OF RECORD.

(a) Single Non-conforming 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 Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. 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 from requirements other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in Chapter 1189.

(b) Non-Conforming Lots of Record in Combination: 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 of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner that diminishes compliance with lot width and are requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Ordinance.

(Ord. K-5-94-2. Passed 5-9-94.)

1177.10 NONCONFORMING SIGNS.

Any lawful sign existing and being used and maintained by an active entity at the effective date of this Ordinance may continue even though it does not conform to the provision hereof. Any nonconforming sign requiring a permit including a change of use of the property shall be made to comply with the provisions of this Ordinance.

(Ord. K-5-94-2. Passed 5-9-94.)