Pepper Pike City Zoning Code
CHAPTER 1268
Nonconforming Uses Structures and Lots
1268.01 PURPOSE.
The purpose of this chapter is to provide for the regulation of uses, structures, and lots lawfully established prior to the enactment of this Zoning Code and amendments hereto but which do not conform to the existing provisions of this Zoning Code. Such lawfully established uses, structures, and lots may be continued, despite their nonconforming conditions, subject to the provisions of this Zoning Code which provide for their completion and continued use, but also provide for reasonable regulation of their restoration, reconstruction, extension, and substitution. While it is the intent of this Zoning Code to permit such nonconforming conditions to continue until abandoned, removed or abated, a nonconformity is deemed incompatible with currently permitted uses and requirements in the zoning district and should be discouraged, especially where such nonconformity constitutes a nuisance or hazard.
(Ord. 2013-11. Passed 9-25-13.)
1268.02 NONCONFORMING USE.
(a) A use of property that is lawful at the time of the passage of this Zoning Code (Ord. 1963-59, passed November 20, 1963) or at the time of any subsequent amendment thereto may be continued, and any building may be used to the extent that it was designed, arranged and constructed, at the time of the Code’s passage or amendment, for a non-conforming use.
(b) A nonconforming use shall not be extended or expanded.
(c) A nonconforming use shall not be changed, except to a more restricted use, as defined and established in Chapter 1266, or as provided in this section. This provision is intended to include the prohibition of a return to a nonconforming use after its change to a more restricted use.
(d) Whenever a nonconforming use has been discontinued for a period of one (1) year or more, such discontinuance shall be considered conclusive evidence of an intention to legally abandon the nonconforming use. At the end of the one (1) year period of abandonment, the nonconforming use shall not be re-established, and any further use shall be in conformity with the provisions of this Zoning Code.
(Ord. 2013-11. Passed 9-25-13.)
1268.03 NONCONFORMING STRUCTURE.
(a) No building or structure that does not conform with the requirements of this Zoning Code shall hereafter be extended, structurally altered or rebuilt, unless the building is changed to make the building more conforming with the Zoning Code.
(b) Nothing in this Zoning Code shall prevent the reconstruction, repairing, rebuilding, and continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or other casualty, subsequent to the date of this Zoning Code, provided that not more than fifty percent (50%) of the value of the building or structure was lost in such damage event and provided such reconstruction or repair does not extend the nonconformity and further provided that such replacement or repair occurs within one (1) year of the date of damage. When more than fifty percent (50%) of the value of the structure is lost in such damage event, the structure and use shall not be reconstructed except in a manner conforming with this Zoning Code.
(c) Nothing in this section shall prevent routine repairs and maintenance or the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any lawful authority or officer.
(d) Notwithstanding division (a) of this section, a building which is nonconforming solely because of a nonconforming setback may be altered and/or expanded provided that such alteration and/or expansion does not increase the area of the nonconformity nor result in a greater nonconformity of setbacks.
(Ord. 2014-30. Passed 6-17-15.)
1268.04 NONCONFORMING LOT.
When a nonconforming lot can be used in conformity with all applicable provisions of this Zoning Code, except that the area of the lot is nonconforming, then the lot may be used as if its area were conforming. When conforming use of a nonconforming lot cannot reasonably be established due to the setback requirements of the district in which it is located, the Planning Commission may grant variances to setback requirements as necessary to establish a permitted use of the district, provided that there is no contiguous land in common ownership with the subject lot which could be used to reduce or eliminate the nonconformity and the variance meets all other variance standards of this Zoning Code. (Ord. 2013-11. Passed 9-25-13.)