Oxford City Zoning Code
CHAPTER 1137
Nonconformities
1137.01 PURPOSE.
The purpose of this Chapter is to recognize the existence of uses, buildings, lots and structures that lawfully existed at the time of this Code's enactment, or amendment thereto, but which now do not conform with one or more of the regulations contained in this Code. This Chapter regulates the disposition of legally established nonconforming uses, buildings, lots and structures which are subject to regulations limiting their use, restoration, reconstruction, extension, and substitution. Such nonconforming status shall be permitted to continue only in conformance with this Chapter. The provisions are intended to encourage the reduction of nonconformity with this Zoning Code in the short-term and elimination of nonconformities in the long-term, while respecting vested interests in the existing uses and improvements.
(Ord. 3206. Passed 3-19-13.)
1137.02 ADMINISTRATION.
(a) The provisions of this Chapter shall apply only to nonconformities that have been legally established. A nonconformity that was not legally established shall not qualify for any of the protections provided.
(b) An applicant and/or owner for any development review procedure that deals with nonconformities shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this Code.
(c) Board of Zoning Appeals shall have all powers conferred upon it as per Section 713.15 of the Ohio Revised Code, or as authorized by the City of Oxford Charter and in compliance with state law.
(d) The Zoning Administrator shall determine if a use, lot, structure, or site is less nonconforming than another use, lot, structure, or site based upon criteria such as required parking spaces, trip generation, potential nuisances, setbacks, bulk, or other criteria relevant to the intent of this Code.
(Ord. 3206. Passed 3-19-13.)
1137.03 AVOIDANCE OF UNDUE HARDSHIP.
(a) To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Code and upon which actual building construction has been carried on diligently.
(b) Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(c) Where demolition or removal of an existing building has 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. 3206. Passed 3-19-13.)
1137.04 NONCONFORMING LAND USES.
Any use of any structure or lot that was conforming or validly nonconforming and otherwise lawful at the enactment date of this Code and is nonconforming under the provisions of this Code or that shall be made nonconforming by a subsequent amendment, may be continued so long as it remains otherwise lawful, subject to the standards and limitations of this Section.
(a) General Regulations and Development Standards.
(1) A nonconforming use may not move in whole or in part to any other location of the lot unless the use satisfies the provision of this Section.
(2) A nonconforming use may be enlarged, expanded or extended to occupy parts of another structure or portions of a lot that it did not occupy on the effective date of this Ordinance, provided such enlargement shall comply with the provisions of this Chapter. Additionally, such expansion, extension and enlargement shall not increase the degree of nonconformity, or increase in intensity.
(3) Any building or structure containing a nonconforming use may be enlarged up to 25% of the existing total gross floor area on the effective date of this Ordinance, provided that the expanded portion complies with all coverage and site development requirements of the zone in which it is located.
(4) A porch addition to the front façade of an existing residential building that contains a nonconforming use may be permitted, provided that the proposed addition satisfies the design standards, setback and lot coverage regulations of the District. Such porch addition shall not be enclosed and shall be open at least on 2 sides.
(5) Any proposed addition under Section 1137.04(a)(3) shall be considered as reconfiguration to an existing structure and shall comply with the conditions set forth in this Chapter.
(6) The enlargement of a nonconforming use that has the effect of making a structure nonconforming, other than as described in subsection (c) above, shall not be permitted, but rather shall be construed as a request for a variance.
(7) Any nonconforming vehicle management shall be made in conformance with the current regulations when the improvement to the structure is considered a reconfiguration and reconstruction.
(8) A legal nonconforming land use may be extended throughout those parts of an existing building, provided that the extension shall not create any new nonconformity. Such improvement is considered as reconfiguration and shall comply with the conditions outlined below.
(9) Change to another Nonconforming Use. Except as provided in this Section, a nonconforming use may be changed only to a use that conforms to the Ordinance. Once changed to a conforming use, no use may revert to a nonconforming use.
(b) Improvements to a Structure. Improvements to a structure containing a nonconforming use may be permitted, but are subject to the following conditions:
(1) Such improvements result from being remodeled, damaged or demolished voluntarily.
(2) Such improvements shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such remodeling or improvements, except permitted in this Section.
(3) For nonconforming residential uses in residential districts: Improvements fall within the following three categories (as defined in Section 1159.19):
(4) Renovation: For renovation, the following shall apply:
A. Any structure may be maintained to its original footprint, no reduction in occupancy.
(5) Reconfiguration: For reconfiguration, the following shall apply:
A. Any structure that has more occupancy than permitted in the underlying zoning district shall have its occupancy reduced by at least 30% from the approved rental occupancy, or the allowable occupancy permitted in the underlying district, whichever is larger.
B. The use and structure remain nonconforming unless they satisfy the requirements of that District.
C. All fractional numbers of residential occupancy greater than or equal to 0.5 shall be rounded up to the next whole number.
D. Proposed enlargement that is above and beyond 25% of the existing total gross floor area on the effective date of this Code may be allowed, provided additional reduction in occupancy from the approved rental permit based on the ratio of each one percent of the additional enlargement, one percent of reduction in occupancy is required subject to the approval of the Planning Commission.
(6) Reconstruction: For reconstruction, the following conditions shall apply:
A. The new building shall satisfy all the site development regulations of that District.
B. The use shall satisfy the underlying use regulations.
(7) For other nonconforming uses: Nonconforming use may be expanded, as described in Section 1137.04(a)(3). In no instance, shall the uses increase in intensity. (Ord. 3206. Passed 3-19-13.)
1137.05 NONCONFORMING LOTS.
(a) A lot in a residential zoning district that does not satisfy the site development regulations for any permitted use in that District may have erected on it a single-family dwelling if the lot has a minimum area of 3,000 square feet and a minimum lot width of 33 feet. This provision shall apply even though the lot fails to meet the requirements for lot areas, lot depth, lot width, or any combination thereof that are generally applicable in the zoning district provided that the new single-family conforms to the height, lot coverage, vehicular access and yard or setback requirements of the District where the property is located.
(b) Additions to a conforming/permitted use and structure on a nonconforming lot are permitted if the addition satisfies all site development regulations of the District where the property is located.
(c) The lot on which there is located a nonconforming use or structure, shall not be reduced in any of the dimensional requirements to further increase the structure's nonconformity.
(Ord. 3206. Passed 3-19-13.)
1137.06 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure,
such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) Additions to a nonconforming structure are permitted if the addition satisfies all dimensional requirements of the code and the use occupying the building is an approved permitted or conditional use.
(b) No nonconforming building or 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.
(c) A nonconforming building or structure shall not be enlarged or extended unless the proposed extension is in compliance with the regulations of the District in which it is located, and will not increase any existing nonconformity in any other portion of the building or structure.
(d) A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot or to another premise(s) unless the building is made to conform to the regulations of the District in which it is to be located.
(e) A building or structure that contains a dwelling unit, that has less than the minimum required lot or dwelling square foot area may be changed in any way that does not make the dwelling unit area more nonconforming and does not violate any other provision of this code.
(f) Reconstruction of damaged and demolished nonconforming structures may be permitted provided that the reconstructed portion satisfies the site development regulations of the District.
(Ord. 3206. Passed 3-19-13.)
1137.07 DISCONTINUANCE OF NONCONFORMITIES.
(a) A nonconforming land use, structure, or portion thereof, shall not be reinstated if it is discontinued for a continuous one-year period and thereafter any use of the premises shall conform to the use regulations of the District in which the building or lot is located. The intent to continue a nonconforming use shall not be assumed to be evidence of its continuance.
(b) A nonconforming structure or lot that has been made conforming shall not be made nonconforming.
(Ord. 3206. Passed 3-19-13.)
(Ord. 3206. Passed 3-19-13.)
1137.08 RESTORATION OF NONCONFORMING BUILDING DAMAGED BY FIRE, EXPLOSION, ACT OF GOD OR THE PUBLIC ENEMY.
Any building which has been damaged by fire, explosion, act of God or the public enemy may be repaired and reconstructed and used as before the time of damage provided that a complete application for such repairs or reconstruction is filed within one year of the date of such damage and such repair or reconstruction is substantially completed within one year of the issuance of a zoning certificate.
(Ord. 3206. Passed 3-19-13.)
1137.09 NONCONFORMING VEHICLE MANAGEMENT.
(a) A conforming land use that does not have a sufficient number of parking spaces to satisfy this Code, or an amendment thereto, may continue indefinitely; however, the vehicle management and landscaping requirements for the entire use shall be satisfied if the use is expanded within the existing structure, if the structure is expanded or if the use is changed or substituted.
(b) A use that is required to meet the nonresidential vehicle management area regulations and that does not satisfy the design criteria of this Code may continue indefinitely; however, the design criteria for the entire site shall be made to comply with all provisions of this Code if the footprint of the principle structure is expanded upon a change of use.
(Ord. 3206. Passed 3-19-13.)
1137.10 NONCONFORMING SIGNS.
(a) Determination of Legal Nonconformity:
(1) An existing sign that does not conform to the specific provisions of this Code may be eligible for the designation of a "legal nonconforming sign" provided that the sign was covered by a valid permit or variance, or complies with all applicable laws on the effective date of this Code, and amendments thereto.
(b) Loss of Legal Nonconforming Status: A legal nonconforming sign loses the legal nonconforming designation if:
(1) The sign is relocated;
(2) The sign is replaced;
(3) The structure or size of the sign is altered in any way except towards compliance with this Chapter. This provision does not refer to general maintenance, changeable marquees, or face and copy changes.
(4) The sign is part of an establishment that discontinues its operation for a period of one (1) year.
(5) The sign has not been used for a continuous period of six (6) months.
(c) Maintenance and Repair of Nonconforming Signs:
(1) Normal maintenance shall be permitted, which includes painting of chipped or faded signs; replacement of faded or damaged surface panels; or repair or replacement of electrical wiring or electrical devices. A non-conforming sign shall not be structurally altered to prolong the life of the sign.
(2) If the sign suffers damage to an extent greater than sixty percent (60%) of the estimated replacement value, the sign shall be replaced with a sign that complies with Chapter 1151. (Ord. 3569. Passed 6-2-20.)