Perrysburg City Zoning Code
CHAPTER 1265
Nonconforming Uses
1265.01 INTENT AND PURPOSE.
(a) It is recognized that there exists within the districts established by this Zoning Code or amendments that may later be adopted lots, structures and uses of land and structures which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Code. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 29-2006. Passed 3-7-06.)
1265.02 CONTINUANCE, DISCONTINUANCE OR CHANGE TO MORE RESTRICTED USE.
(a) Except as hereinafter provided in this Chapter, the lawful use of a building or structure or of any lot existing at the time of the effective date of this Zoning Code or any amendment thereof may be continued, although such use does not conform with the provisions of this Zoning Code or such amendment. For the purpose hereof, as to uses where a zoning permit has been issued prior to the adoption or amendment of this Zoning Code and rendering such uses nonconforming, such uses shall be permitted as nonconforming uses provided such permits are not revoked and occupancy or the start of construction pursuant to such permits is undertaken within six (6) months after issuance thereof.
(b) If any nonconforming use is discontinued for a consecutive period of two (2) years or more, its privileged status as a nonconforming use shall cease and no future use of such building, structure or land shall be made except in conformity to the general requirements of this Zoning Code or any amendments hereto. In the event a nonconforming use is changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (Ord. 29-2006. Passed 3-7-06.)
1265.03 NONCONFORMING USE OF STRUCTURES.
(a) The following special provisions shall apply to the nonconforming use of buildings or structures:
(1) Currently existing nonconforming uses of any structure may be extended throughout that portion thereof that was obviously designed and intended for such use.
(2) Consistent with the overall goal of minimizing the impact of nonconforming uses within the City, the Board of Zoning Appeals may grant a Use Variance permitting a nonconforming use of a building or structure in existence at the time that this section is passed to be changed to another nonconforming use or may add up to one (1) nonconforming use, if the following conditions are met.
A. When compared with the current use, the proposed change in use or additional use must in the aggregate result in th same or less intense use of the property, based on issued including but not limited to the proposed hours of operation, traffic volume, noise, odor, and parking requirements; and
B. The proposed use must not negatively impact the surrounding area or residents.
C. Any proposed exterior alterations must positively impact the surrounding area and nearby properties.
(3) When a structure, the use of which is nonconforming, has been damaged by explosion, fire, act of God, or other uncontrollable means to the extent of more than sixty percent (60%) of the structure, it shall not be restored or reconstructed except with the approval of the City. Such restoration or reconstruction shall be in conformity with the otherwise applicable requirements and regulations of this Zoning Code.
(Ord. 42-2012. Passed 3-6-12.)
1265.04 NONCONFORMING USES OF LAND.
(a) Where, at the effective date of adoption or amendment of this Zoning Code, a lawful use of land exists that is made no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming use shall be enlarged, increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Code.
(Ord. 29-2006. Passed 3-7-06.)
1265.05 NONCONFORMING LOTS.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at or before the effective date of adoption or amendment of this Zoning Code. This provision shall apply even though such lot fails to meet the requirements for area, width or both that are generally applicable in the district; provided that yard dimensions, setbacks and other requirements not involving area, width or both of the lot shall conform to the regulations for the district in which such lot is located, unless a yard requirement variance is obtained through the Board of Zoning Appeals. However, if two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Zoning Code and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Zoning Code, and no portion of said parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this Zoning Code.
(Ord. 29-2006. Passed 3-7-06.)
1265.06 REPAIRS AND MAINTENANCE.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs and on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding twenty-five (25) percent of the building’s replacement cost prior to the initiation of repairs, exclusive of foundations, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Code shall not increase. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.
(Ord. 29-2006. Passed 3-7-06.)
1265.07 CHANGE OF TENANCY OR OWNERSHIP.
A change of tenancy or ownership of a nonconforming use is allowed provided there is no increase in the degree of nonconformance of the nonconforming use.
(Ord. 29-2006. Passed 3-7-06.)
1265.08 DISTRICT CHANGES.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this Zoning Code shall also apply to any existing uses that become nonconforming as a result of the boundary changes.
(Ord. 29-2006. Passed 3-7-06.)
1265.09 HARDSHIP CASES.
Nonconforming buildings or structures may be structurally changed, altered or enlarged with the approval of the Board of Zoning Appeals. The Board of Zoning Appeals must find that the request is a case of exceptional hardship in which failure to grant the relief requested would unreasonably restrict continued use of the property or would restrict valuable benefits that the public currently derives from the property as used in its nonconforming status. With the exception that any approval for structural changes, alteration or enlargement may be granted only with a finding by the Board of Zoning Appeals that approval will not have an adverse affect on surrounding property and that it will be the minimum necessary to relieve the hardship.
(Ord. 29-2006. Passed 3-7-06.)
1265.10 PERMITS.
Permits for construction on, expansion of or substitution of nonconforming lots, uses or structures require a zoning permit. Other permits and approvals may also be required.
(Ord. 29-2006. Passed 3-7-06.)
1265.11 UNLAWFUL USES UNDER PRIOR ORDINANCES NOT VALIDATED.
Neither the adoption of this Zoning Code nor any amendments thereto shall be considered as validating any uses in violation of Ordinance 246, adopted August 29, 1939, commonly known as the "Zoning Ordinance of the Village of Perrysburg", or the “Planning and Zoning Code of the City of Perrysburg, Wood County, Ohio, dated November 9, 1965, as amended,” and Ordinance 542-60, adopted August 29, 1960, as amended, and commonly known and referred to as the "1960 Zoning Ordinance of the Municipality of Perrysburg," and any uses declared unlawful by any other ordinance of the City or statute of the State as of the date of the adoption of this Zoning Code. (Ord. 29-2006. Passed 3-7-06.)