The lawful use of land for storage purposes which use does not conform to this zoning code, shall be discontinued within two years from the date of the approval of this zoning code or amendments thereto. Such a use, which becomes nonconforming by reason of a subsequent change in the zoning code shall also be discontinued within two years from the date of the change.
(Ord. 2003-51, passed 5-20-03)
§ 1284.02 CERTIFICATES.
When an existing use is nonconforming, an application for a certificate to that effect shall be signed by the owner and filed with the city within 30 days after the effective date of this zoning code.
(Ord. 2003-51, passed 5-20-03)
§ 1284.03 CONTINUANCE AND CHANGES OF USE.
The lawful use of a building existing at the time of the effective date of this zoning code may be continued although such use does not conform thereto. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 2003-51, passed 5-20-03)
§ 1284.04 CHANGES IN CODE OR BOUNDARIES.
Whenever the use of a building becomes nonconforming through a change in the zoning code or in district boundaries, such use may be continued, and if no structural alterations are made, such use may be changed to another nonconforming use of the same or a more restricted classification.
(Ord. 2003-51, passed 5-20-03)
§ 1284.05 DISCONTINUANCE.
In the event that a nonconforming use of any building or premises is discontinued, or its normal operation is stopped for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
(Ord. 2003-51, passed 5-20-03)
§ 1284.06 ENLARGEMENT OR EXTENSION.
No existing building devoted to a legal nonconforming use as permitted by this zoning code in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building is located. However, a nonconforming use may be extended upon a lot occupied by that use if the extension does not exceed 25% of the land area covered by the existing nonconforming use and does not violate any of the yard or height requirements of the district in which it is located or other provisions of this code. Such extension must be approved by the Planning Commission prior to the issuance of a building permit or zoning certificate. Only one extension shall be permitted onto the original building or land area up to the maximum 25%.
(Ord. 2003-51, passed 5-20-03)
§ 1284.07 DAMAGED BUILDINGS.
When a building does not conform to the provisions of this zoning code, is damaged by fire, explosion, act of god or the public enemy, to the extent of 50% of its fair market value, it shall not be restored except in conformity with the regulations of the district in which the building is situated.
(A) No paving, grading or other improvement shall be accomplished that would in any way prolong the life or broaden the usage of a nonconforming use of land unless such improvements conform to the zoning code and are approved by the Planning Commission.
(B) Those parts of the existing legal nonconforming buildings that violate yard regulations may be repaired and remodeled but not reconstructed or structurally altered. For the purposes of these regulations,
REPAIRED AND REMODELED shall mean typical maintenance and upkeep that may include painting, residing, replacement windows or minor repair, but shall exclude structural modification that would enlarge such nonconforming use.
(Ord. 2003-51, passed 5-20-03)
§ 1284.09 APPLICATION OF OHIO REVISED CODE.
This chapter shall not affect the right of a person to complete, restore, reconstruct, extend or substitute a nonconforming use under Ohio R.C. 713.15.
(Ord. 2003-51, passed 5-20-03)
Reading City Zoning Code
CHAPTER 1284
NONCONFORMING USES
§ 1284.01 STORAGE.
The lawful use of land for storage purposes which use does not conform to this zoning code, shall be discontinued within two years from the date of the approval of this zoning code or amendments thereto. Such a use, which becomes nonconforming by reason of a subsequent change in the zoning code shall also be discontinued within two years from the date of the change.
(Ord. 2003-51, passed 5-20-03)
§ 1284.02 CERTIFICATES.
When an existing use is nonconforming, an application for a certificate to that effect shall be signed by the owner and filed with the city within 30 days after the effective date of this zoning code.
(Ord. 2003-51, passed 5-20-03)
§ 1284.03 CONTINUANCE AND CHANGES OF USE.
The lawful use of a building existing at the time of the effective date of this zoning code may be continued although such use does not conform thereto. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(Ord. 2003-51, passed 5-20-03)
§ 1284.04 CHANGES IN CODE OR BOUNDARIES.
Whenever the use of a building becomes nonconforming through a change in the zoning code or in district boundaries, such use may be continued, and if no structural alterations are made, such use may be changed to another nonconforming use of the same or a more restricted classification.
(Ord. 2003-51, passed 5-20-03)
§ 1284.05 DISCONTINUANCE.
In the event that a nonconforming use of any building or premises is discontinued, or its normal operation is stopped for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
(Ord. 2003-51, passed 5-20-03)
§ 1284.06 ENLARGEMENT OR EXTENSION.
No existing building devoted to a legal nonconforming use as permitted by this zoning code in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building is located. However, a nonconforming use may be extended upon a lot occupied by that use if the extension does not exceed 25% of the land area covered by the existing nonconforming use and does not violate any of the yard or height requirements of the district in which it is located or other provisions of this code. Such extension must be approved by the Planning Commission prior to the issuance of a building permit or zoning certificate. Only one extension shall be permitted onto the original building or land area up to the maximum 25%.
(Ord. 2003-51, passed 5-20-03)
§ 1284.07 DAMAGED BUILDINGS.
When a building does not conform to the provisions of this zoning code, is damaged by fire, explosion, act of god or the public enemy, to the extent of 50% of its fair market value, it shall not be restored except in conformity with the regulations of the district in which the building is situated.
(A) No paving, grading or other improvement shall be accomplished that would in any way prolong the life or broaden the usage of a nonconforming use of land unless such improvements conform to the zoning code and are approved by the Planning Commission.
(B) Those parts of the existing legal nonconforming buildings that violate yard regulations may be repaired and remodeled but not reconstructed or structurally altered. For the purposes of these regulations,
REPAIRED AND REMODELED shall mean typical maintenance and upkeep that may include painting, residing, replacement windows or minor repair, but shall exclude structural modification that would enlarge such nonconforming use.
(Ord. 2003-51, passed 5-20-03)
§ 1284.09 APPLICATION OF OHIO REVISED CODE.
This chapter shall not affect the right of a person to complete, restore, reconstruct, extend or substitute a nonconforming use under Ohio R.C. 713.15.