Sheffield City Zoning Code
CHAPTER 1125
Nonconformities
1125.01 PURPOSE.
Within the districts established by this code, some lots, uses of lands or structures, or combinations thereof may exist which were lawful prior to the effective date or amendment of this code but that are prohibited, regulated, or restricted under the terms of this code. The legitimate interests of those who lawfully established these nonconformities, especially when dealing with a person's residence, are herein recognized by providing for the continuance of such uses, subject to regulations limiting their completion, restoration, reconstruction, extension, and/or substitution. Nevertheless, while it is the intent of this code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive unless otherwise allowed in this chapter or specifically addressed in this code. This chapter has a further purpose for nonconformities:
(a) To permit their continuance but control nonconformities so as to minimize any adverse effect on the adjoining properties and development;
(b) To regulate their maintenance and repair;
(c) To restrict their rebuilding if substantially destroyed;
(d) To require their permanent discontinuance if not operated for certain periods of time; and
(e) To require conformity if it is discontinued, to bring about eventual conformity in accordance with the objectives of the Comprehensive Land Use Plan and this code.
(Ord. 2879. Passed 10-23-23.)
1125.02 GENERAL PROVISIONS.
(a) Any structure, land, or use of land or a structure that existed at the time of the effective date of this code, that was legally established under a previous code amendment or version, may be continued even if such use, building, structure, or use of land does not conform to the provisions of this code.
(b) An applicant for any development review procedure (e.g., zoning compliance review, site plan review, variance, etc.) that deals with a nonconformity shall bear the burden of proof in demonstrating that the use, building, or structure, or combination thereof, was a legal nonconformity after February 10, 1983.
(c) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(d) Repair and Maintenance.
(1) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed, when it became nonconforming, shall not be increased unless in accordance with this chapter.
(2) Nothing in this section 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, including, but not limited to, the Village Administrator or building inspector, upon order of such official. Where appropriate, a building permit for such activities shall be required.
(3) For the purpose of this code, the words "maintained" and "repaired" include the ordinary maintenance of a building or structure, the replacement of equipment that is required for the safety of operation, and the replacement or substitutions of machinery or equipment.
(e) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval in accordance with Section 1105.04. Such use shall not be considered a nonconforming use, provided it is conditionally permitted in the applicable district.
(Ord. 2879. Passed 10-23-23.)
1125.03 NONCONFORMITIES AND VARIANCES.
(a) Whenever any nonconformity has been changed so that the use, structure, or condition conforms to the requirements of this code, such use, structure, or condition shall no longer be defined as a nonconformity, nor shall the property or structure be returned to the former nonconformity.
(b) When a property owner or authorized agent is granted a variance for a nonconformity that addresses the nonconformity, the structure or lot shall no longer be considered a nonconformity. In no case shall the resolved nonconformity be expanded or altered to create further nonconformities.
(c) If a property owner or authorized agent is granted a variance for a nonconformity that addresses some nonconformities, but additional nonconformities continue, the structure or condition that remains a nonconformity shall still be subject to the provisions of this chapter.
(Ord. 2879. Passed 10-23-23.)
1125.04 NONCONFORMING USES.
Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) A nonconforming use of a building, or portion thereof, may be expanded or extended only throughout the floor on which such use is presently located, but no change or structural alteration shall be made unless such change or structural alteration shall be made and the use thereof conform to all the regulations of the district in which the building is located.
(b) A building occupied entirely or partially by a nonconforming use may be modified if such modification is in conformity with all applicable regulations of the district in which the building is located or if the Planning Commission determines that the proposed modification(s) are required to retain or attract investment and will not be injurious to surrounding properties or the Village. Such determination shall be made as part of a public hearing with notice provided in the same manner as a conditional use. See Section 1105.02(j).
(c) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(d) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(e) Change of Use. The nonconforming use of a building may be changed to a conforming use. In addition, the nonconforming use of a building may be changed to a less injurious use if approved by the Planning Commission after a public hearing with notice provided in the same manner as a conditional use (See Section 1105.04.). Thereafter, it shall not be changed back to the former nonconforming use.
(f) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned for more than one year, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original floor plan and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions, and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming residential use in any district is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided it meets the same size in height and footprint, as well as complying with the same setbacks as previously existed.
B. If any building containing a nonconforming use, other than a residential use, is damaged but not to an extent greater than fifty percent (50%) of the principal structure's fair market value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a building permit, which must be issued within six (6) months of the damage, or the use shall not be re-established.
C. If any building containing a nonconforming use, other than a residential use, is damaged beyond fifty percent (50%) the principal structure's fair market value according, such structure and use may only be reestablished in accordance with this code.
D. Determination of the fair market value shall be made by three appraisers, one to be appointed by the owner, one to be appointed by the Village, and the third to be appointed by the first two; costs of the appraisers shall be borne by the owner.
(Ord. 2879. Passed 10-23-23.)
1125.05 NONCONFORMING STRUCTURES AND SITES.
A nonconforming structure or site may continue to be used or occupied by a use permitted in the applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Any nonconforming structure may be enlarged, maintained, repaired, or altered provided. However, no such enlargement, maintenance, repair, or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site unless otherwise specified in this code.
(b) A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.
(c) The nonconforming use of a vacant lot, or part thereof, shall not be expanded or extended.
(d) The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(e) The governmental acquisition of a portion of a lot for a public purpose that results in a reduction in a required yard or building setback below that required in the applicable zoning district shall not render a structure nonconforming.
(f) Damage or Destruction of a Nonconforming Structure Containing a Conforming Use.
(1) If a nonconforming structure is damaged, but not to an extent greater than fifty percent (50%) of the structure's fair market value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a building permit within one year of the initial damage. If an owner rebuilds a legally nonconforming structure under this provision, they may expand the structure provided any expansion or change does not increase the nonconformity that existed prior to the damage.
(2) If a nonconforming structure is damaged beyond fifty percent (50%) of the structure's fair market value, such structure shall only be rebuilt in compliance with the requirements of this code. Such reconstruction shall require the application and issuance of all necessary zoning and building permits.
(3) If the owner voluntarily removes the structure or reduces the nonconformity that has not been damaged or destroyed, that owner shall not be permitted to rebuild the structure to the original height, size, or setback.
(4) The determination of fair market value shall be made in the same manner as established in Section 1125.04(f)(2).
(g) Nonconforming Parking Facilities.
(1) A building or use existing lawfully at the time this code became effective but which does not conform with the off-street parking or off-street loading regulations may be occupied by the existing use without such parking and/or loading facilities being provided.
(2) Any parking spaces that may be provided shall be in accordance with the applicable regulations set forth in the code. However, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity, or floor area, or if the use is changed to a use requiring more off-street facilities, than off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accordance with the applicable provisions of the code. (Ord. 2879. Passed 10-23-23.)
1125.06 NONCONFORMING LOTS OF RECORD.
A lot of record which does not comply with the lot or yard regulations of the district in which it is located on the effective date of this code or any amendment thereto which made it nonconforming may be used as follows:
(a) If occupied by a building, such building may be maintained, repaired, or altered. However, the building may not be enlarged in floor area unless the depth of the front yard, the total width of the side yards, and the rear yard regulations are complied with.
(b) If vacant, the lot may be used provided that:
(1) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this code;
(2) Not owning adjoining land or other vacant lands cannot be equitably acquired adjoining the lot; and
(3) All other regulations of this code, except the lot area and lot width regulations, shall be complied with, including the use that is to be located on the lot. (Ord. 2879. Passed 10-23-23.)
1125.07 NONCONFORMING SIGNS.
1125.08 NONCONFORMING FENCES AND WALLS.
See Section 1113.05 for the regulation of nonconforming fences and walls.
(Ord. 2879. Passed 10-23-23.)