South Charleston City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 152.020 ADMINISTRATIVE BODIES AND THEIR DUTIES.

(A) Zoning Inspector.

(1) Office of Zoning Inspector created. The Zoning Inspector, who shall be appointed by the Village Commission, shall enforce the zoning chapter. All officials and employees of the village shall assist the Zoning Inspector by reporting to him or her any new construction, reconstruction or apparent violations to this chapter.

(2) Duties of Zoning Inspector. For the purposes of this chapter, the Zoning Inspector shall have the following duties:

(a) Issue zoning permits and certificates of zoning compliance when the procedures and standards of this chapter have been followed;

(b) Make and keep all records necessary and appropriate to the office;

(c) Inspect any buildings or lands to determine whether any violations of the zoning chapter have been committed or exist;

(d) Upon finding that any violations exist, notify in writing the person responsible for such violation, ordering such action(s) as needed to correct such violations;

(e) Take all necessary steps to remedy conditions found in violation of this chapter by ordering, in writing, the discontinuance of illegal uses or work in progress, and direct cases of noncompliance to the appropriate village official(s) for action; and

(f) Advise the Planning and Zoning Board of matters pertaining to the enforcement of and amendments to the zoning chapter, as well as conditional use permits, appeals or variances, and all applications and records pertaining thereto.

(B) Planning and Zoning Board.

(1) Planning and Zoning Board established. There is hereby established a Planning and Zoning Board for the village. Pursuant to and as authorized by R.C. § 713.11, the Planning and Zoning Board shall serve as, and is hereby granted the authority of, both Village Planning Commission and Board of Zoning Appeals.

(2) Membership and terms. The Planning and Zoning Board shall consist of five members, consisting of the Commission President, one member of Village Commission, and three residents of the village, all to be appointed by the Commission President with the approval of Village Commission for terms of six years each, except for the term of one of the members of the first Board shall be four years and one for two years. All vacancies shall be filled by the Commission President, with the approval of the Village Commission. If, within a period of 60 days after a vacancy occurs, the Commission President has not appointed a new member to fulfill that vacancy, the full Commission may appoint a member to fill that vacancy.

(3) Removal of members. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by the Village Commission, after a hearing has been held regarding such charges. Charges against any Planning and Zoning Board member shall be reviewed by the Village Solicitor prior to any formal public hearing. The member shall be given the opportunity to be heard and answer such charges.

(4) Quorum. Three members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.

(5) Procedures.

(a) The meetings of the Board shall be public, however, the Board may go into executive session, as permitted by R.C. § 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairperson and Vice-Chairperson. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this zoning chapter.

(b) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be immediately filed in the village offices and shall be a public record.

(c) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.

(6) Powers and duties. The Planning and Zoning Board shall have the powers and authority as granted in R.C. §§ 713.02 through 713.11 and, in addition, shall have the following powers and duties:

(a) Review proposed amendments to this zoning chapter or official zoning map and make recommendations to Village Commission, pursuant to § 152.022;

(b) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector, in accordance with § 152.023;

(c) Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship in accordance with the provisions of § 152.023;

(d) Determine similarity of uses, pursuant to § 152.040(B)(5);

(e) Interpret the boundaries of the official zoning district map, in accordance with the provisions of this chapter;

(f) Permit conditional uses as specified in the official schedule of district regulations and under the conditions specified in § 152.024, and such additional safeguards as will uphold the intent of the chapter;

(g) Authorize the substitution or extension of nonconforming uses, as specified in § 152.026;

(h) Declare zoning permits void, pursuant to § 152.025(C); and

(i) Make a recommendation for the zoning of newly annexed areas to the village, in accordance with § 152.041(D).

(C) Powers of Zoning Inspector, Planning and Zoning Board and Village Commission on matters of appeal. It is the intent of this chapter that all questions of interpretation and enforcement shall first be presented to the Zoning Inspector. Such questions shall be presented to the Planning and Zoning Board only on appeal from the decision of the Zoning Inspector, and recourse from the decisions of the Board shall be only to the courts as provided by law. It is further the intent of this chapter that the powers of the Village Commission in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The Village Commission shall not have the authority to override the decisions of the Planning and Zoning Board and/or the Zoning Inspector on matters of appeal or variance.

(Ord. 97-5, passed 8-4-1997)

§ 152.021 ENFORCEMENT AND PENALTY.

(A) Zoning permit required. No building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure or land be established or changed in use without a permit therefor, issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this chapter unless the Zoning Inspector receives a written order from the Planning and Zoning Board deciding on appeal, conditional use or variance, as provided in this chapter.

(B) Conditions under which a zoning permit is required. A zoning permit is required for any of the following:

(1) Construction or structural alteration of any building, including accessory buildings;

(2) Occupancy and use of vacant land;

(3) Change in use of an existing building or accessory building to a use not listed as a permitted use in the zoning district where the building is located; and

(4) Any change in the use of a nonconforming use.

(1) The application for a zoning permit shall contain the following:

(a) Name, address and telephone number of the applicant;

(b) Legal description of property, as recorded in the County Recorder’s office;

(d) Zoning district in which property is located;

(e) Plans and/or drawings drawn to approximate scale, showing the dimensions and shape of the lot to be built upon; and the dimensions and location of existing and/or proposed buildings or alterations;

(f) Height of proposed buildings or alterations;

(g) Number and dimensions of existing and proposed off-street parking or loading spaces, if applicable;

(h) In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by an approval by the County Health Department of the proposed method of water supply and for disposal of sanitary wastes prior to approval by the Zoning Inspector; and

(i) Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this chapter.

(2) Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor. In particular cases, the Zoning Inspector may reduce the submittal requirements for applications, when the scope and scale of the proposed action warrants.

(D) Approval of zoning permits.

(1) (a) Within 30 days after the receipt of an application for a zoning permit, such application shall be either approved or disapproved by the Zoning Inspector, in conformance with the provisions of this chapter.

(b) One copy of the application shall be returned to the applicant by the Zoning Inspector, after such copy is marked as either approved or disapproved and attested to same by the signature of the Zoning Inspector, or his or her designated agent on such copy.

1. In cases of approval, the Zoning Inspector shall issue a placard or notice, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alternation is in conformance with the provisions of this chapter.

2. Upon issuance of a certificate of zoning compliance, one copy of the zoning permit shall be forwarded to the County Auditor along with one copy of the application. All zoning permits shall, however, be conditional upon the commencement of work within one year.

(2) In the case of disapproval, the Zoning Inspector shall state on the returned plans the specific reasons for disapproval.

(E) Submission to the Director of the Department of Transportation. Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the Department of Transportation, or any land within a radius of 500 feet from the point of intersection of said centerline with any public road or highway, the Zoning Inspector shall give notice, by registered or certified mail to the Director of the Department of Transportation. The Zoning Inspector shall not issue a zoning permit for 120 days from the date the notice is received by the Director of the Department of Transportation. If the Director of the Department of Transportation notifies the Zoning Inspector that he or she shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit If the Director of the Department of Transportation notifies the Zoning Inspector that acquisition at this time is not in the public interest thereof agreed upon by the Director of the Department of Transportation and the property owner, the Zoning Inspector shall, if the application is in conformance with all provision of this chapter, issue the zoning permit in conformance with the provisions of division (D) above.

(F) Record of zoning permit. A record of all zoning permits shall be kept on file in the office of the Clerk of the village or his or her agent, and copies shall be furnished upon request to any persons having proprietary or tenancy interest in the building or land affected.

(G) Expiration of zoning permits. If the work described in any zoning permit has not begun within one year from the date of issuance thereof, or has not been completed within two and one-half years from the date of issuance thereof, said permit shall expire. It shall be revoked by the Zoning Inspector, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted by the Planning and Zoning Board.

(H) Certificate of zoning compliance.

(1) Certificate of zoning compliance required. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Zoning Inspector stating that the development activity, as completed, conforms to the requirements of this chapter.

(2) Approval of Health Department required. If the property in question is not served by public water and sewer, a certificate of zoning compliance shall not be issued by the Zoning Inspector until approval of the water and sewage disposal systems have been given by the County Health Department, or Ohio Environmental Protection Agency.

(3) Compliance with building regulations. In those cases where the development activity requires compliance with the Building Code currently in effect, the certificate of zoning compliance shall not be issued until a certificate of occupancy has been issued.

(4) Record of certificate of zoning compliance. The Zoning Inspector shall maintain a record of all certificates of zoning compliance and a copy of any individual certificate shall be furnished upon request to occupant or his or her legally authorized representative.

(Ord. 97-5, passed 8-4-1997)

§ 152.022 AMENDMENTS.

(A) Authority of Village Commission. Whenever the public necessity, general welfare or good zoning practice requires, the Village Commission may, by ordinance, after receipt of a recommendation thereon from the Planning and Zoning Board and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof.

(B) Initiation of zoning amendments. Amendments to this chapter may be initiated in one of the following ways:

(1) By referral of a proposed amendment to the Planning and Zoning Board by the village Commission;

(2) By the adoption of a motion by the Planning and Zoning Board submitting the text of a recommended amendment to the Village Commission; or

(3) By the filing of an application, by at least one owner or lessee of property, or his or her designated agent, within the area proposed or affected by the said amendment.

(C) Contents of application. An application for amendment shall be transmitted by the applicant to the Zoning Inspector and shall contain the following information:

(1) Name, address and phone number of the applicant;

(2) Proposed amendment to the text or legal description of the property affected;

(3) Present and proposed use and district;

(4) A map showing property lines, streets, existing and proposed zoning, and such other items as the Zoning Inspector may require;

(5) A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the County Auditor’s current tax list The requirement for addresses may be waived when more than ten parcels are proposed to be rezoned;

(6) A statement as to how the proposed amendment will impact adjacent and proximate properties;

(7) Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this zoning chapter; and

(8) A fee as established by the Village Commission.

(D) Recommendation by Planning and Zoning Board.

(1) Upon referral of the proposed ordinance by the Village Commission, or the filing of an application by at least one owner or lessee of the property, or its designated agent, said proposed amendment or application shall be transmitted to the Planning and Zoning Board.

(2) Within 60 days after the first regular meeting of the Planning and Zoning Board after the receipt of the proposed amendment, the Planning and Zoning Board shall recommend to Village Commission that the amendment be approved as requested, or it may recommend that the amendment be denied. In formulating such recommendation, the Planning and Zoning Board may seek input from interested parties in the form of hearings, meetings or other methods.

(E) Action by Village Commission.

(1) Public hearing. Before the proposed ordinance may be passed, the Village Commission shall hold a public hearing, and shall give at least 30 days’ notice of the time and place thereof in a newspaper of general circulation in the village. If the proposed ordinance intends to remove or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be made by the Clerk of the village, by first-class mail, at least 20 days before the date of the public hearing to the owners of property within 200 feet or contiguous to, and directly across the street from such parcel or parcels to be redistricted to the address of such owners appearing on the County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate such proposed ordinance.

(2) Display of relevant materials. During such 30 days, the text or copy of the text of the proposed ordinance, together with maps, plans and reports submitted by the Planning Commission shall be on file, for public examination, in the office of the Clerk of the village.

(3) Action by Village Commission. No such ordinance which is in accordance with the recommendation submitted by the Planning and Zoning Board shall be deemed to pass or take effect without the concurrence of at least a majority of the membership of the Village Commission. No such ordinance which violates, differs from or departs from the recommendation submitted by the Planning and Zoning Board shall take effect unless passed or approved by not less than unanimous vote of the membership of the Village Commission.

(4) Criteria. In reviewing the proposed amendment and arriving at its decision, the Village Commission shall consider the following factors:

(a) Compatibility of the proposed amendment with the zoning and use of adjacent land, and with any land use/comprehensive plans adopted by the village;

(b) The effect of the adoption of the proposed amendment on motor vehicle access, traffic flow storm drainage and public infrastructure in the area; and

(c) The effect of the adoption of the proposed amendment upon the public health, safety and general welfare of the adjacent properties and other residents of the village.

(5) Effective date and referendum. Such amendment adopted by the Village Commission shall become effective 20 days after the date of its final passage, subject to referendum procedures as specified in the Village Charter.

(6) Incorporation onto zoning map. If an amendment adopted by Village Commission or approved by referendum pertains to a change on the official zoning map, such change shall be incorporated onto the map by reference to the ordinance number and the date of adoption.

(Ord. 97-5, passed 8-4-1997)

§ 152.023 APPEALS AND VARIANCES.

(A) Appeals. Appeals concerning interpretation or administration of this chapter may be taken by any owner of property with a substantial interest in the matter who is adversely affected, or by a governmental officer, department or bureau. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Zoning Inspector or with the Planning and Zoning Board a notice of appeal specifying the decision of the Zoning Inspector from which the appeal is being taken.

(B) Powers of the Planning and Zoning Board.

(1) The Planning and Zoning Board shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the chapter as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved.

(2) No variance from strict application of any provision of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist:

(a) There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located;

(b) Because of such physical circumstances or conditions, the authorization of a variance is necessary to enable the reasonable use of the property;

(d) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

(e) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(3) Under no circumstances shall the Planning and Zoning Board grant an appeal or variance that would allow a use not permissible under this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(1) Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. An application for a variance or appeal shall be filed with the Zoning Inspector on a form as specified for that purpose. The Zoning Inspector shall forward a copy of the application to the Planning and Zoning Board.

(2) The application for a variance or an appeal shall contain the following information:

(a) Name, address and phone number of the applicant;

(b) Legal description of property as recorded in the County Recorder’s office;

(d) The names and addresses of all property owners within 200 feet, contiguous to and directly across the street from the property, as appearing on the County Auditor’s current tax list;

(e) Each application for a variance or appeal shall refer to the specific provisions of this chapter which apply; and

(f) A narrative statement explaining the following:

1. The use for which variance or appeal is sought;

2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be; and

3. The specific reasons why the variance or appeal is justified, according to division (B)(2)(a) through (B)(2)(e) above.

(D) Public hearing by the Planning and Zoning Board.

(1) Prior to making a decision on the proposed appeal or variance, the Board shall hold a public hearing for consideration of an appeal from a decision of the Zoning Inspector or variance unless a resolution is passed, by affirmative vote, declaring that a hearing is not needed in the specific case being considered. If such hearing is held, notice of such hearing shall be given in one or more newspapers of general circulation in the village at least ten days before the date of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.

(2) Before holding such public hearing, written notice of such hearing shall be mailed by the Clerk of the village, by first-class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the findings of the Board.

(E) Supplementary conditions and safeguards. In granting any appeal or variance, the Planning and Zoning Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter and punishable under § 152.999.

(F) Action by Planning and Zoning Board. Within 60 days after the first regular meeting of the Planning and Zoning Board following submittal of an application filed pursuant to division (C) above, the Board shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Board shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the reasons for such denial shall be noted in writing. The Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail, or in person.

(G) Appeals. After action is taken by the Planning and Zoning Board, the applicant, or other party adversely affected by the action, may seek relief through the Court of Common Pleas. Such appeal must be filed within 30 days from the date of the action by the Board. A copy of the notice of appeal shall be served on the Clerk of the village by the aggrieved party within seven days from the date of filing of the appeal.

(Ord. 97-5, passed 8-4-1997) Penalty, see § 152.999

§ 152.024 CONDITIONAL USES.

(A) Purpose. Under some circumstances, a use which more intensely affects an area than those uses permitted in the zoning district in which it is located may nonetheless be desirable and compatible with permitted uses, if that use is properly controlled and regulated. Such uses shall be listed as conditional uses within the respective zoning districts. The Planning and Zoning Board may allow such a conditional use to be established where such circumstances exist and where the conditional use will be consistent with the general purpose and intent of this zoning chapter.

(B) Application for conditional use.

(1) Any person owning or having an interest in property may file an application to use such property for one of the conditional uses provided for by this chapter in the zoning district in which the property is situated. An application for a conditional use shall be filed with the Zoning Inspector, who shall forward a copy to the Planning and Zoning Board.

(2) The application shall contain the following information:

(a) Name, address and phone number of applicant;

(b) Legal description of the property as recorded in the County Recorder’s office;

(d) Description of the proposed use;

(e) A plan of the site for the proposed conditional use showing the location of buildings, utilities, parking and loading areas and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this chapter;

(f) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, light, fumes and vibration on such property and a discussion of the general compatibility of the proposed use with adjacent and other properties in the area; and

(g) Such other information regarding the property, as may be pertinent to the deliberations of the Board.

(C) General criteria for conditional uses. The Planning and Zoning Board shall not approve a conditional use unless it finds that such use at the proposed location meets all of the following requirements:

(1) The use will be consistent and in accordance with the specific conditions in the district regulations where the conditional use is listed, as well as the general objectives of this zoning chapter;

(2) The use will not change the essential character of the same area;

(3) The use will not be a threat to the health and/or safety to existing or future neighboring uses;

(4) The use can be served adequately and efficiently by essential public facilities;

(5) Vehicular access to the property will be provided in such a manner so as to not create adverse impacts on traffic on surrounding public streets or roads; and

(6) The use will not impose objectionable levels of noise, smoke, dust, odor, fumes, vibration or glare upon nearby uses.

(D) Public hearing by the Planning and Zoning Board. In making a decision on the proposed conditional use, the Planning and Zoning Board may hold a public hearing. If a public hearing is held, the requirements for public notice and notification of parties of interest shall be the same as for appeals and variances, as specified in § 152.023(D).

(E) Supplementary conditions. In granting any conditional use, the Board may prescribe reasonable conditions and safeguards in conformance with the purposes and intent of this chapter.

(F) Action by the Planning and Zoning Board. Within 60 days after the next regular meeting of the Board following the submittal of the application pursuant to division (B) above, the Board shall either approve, approve with supplementary conditions as specified in division (E) above or disapprove the application as presented. If the application is approved with supplementary conditions, the Zoning Inspector shall state on the zoning permit the specific conditions listed by the Board for approval. If the application is disapproved, the applicant may seek relief through the Court of Common Pleas, following tie procedures specified for appeals in § 152.023(G).

(G) Expiration and revocation of zoning permit issued under conditional use provisions.

(1) The approval of the zoning permit issued in accordance with division (F) above shall become null and void if such use is not carried out within one year after date of approval; however, the Board may grant an extension of a conditional zoning permit for a period of six months, upon review of a request by the applicant for such extension.

(2) The Board may revoke the conditional zoning permit upon written evidence by the Zoning Inspector of violation of the zoning chapter and/or written terms and conditions upon which approval was based.

(Ord. 97-5, passed 8-4-1997)

§ 152.025 FEES AND VIOLATIONS.

(A) Schedule of fees, charges and expenses. The Village Commission shall establish, by separate ordinance, a schedule of fees, charges and expenses and a collection procedure for zoning permits, certificates of zoning compliance, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Clerk of the village, and may be altered or amended only by the Village Commission. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application.

(B) Violation.

(1) Failure to obtain a zoning permit, certificate of zoning compliance, or other permit. Failure to obtain a zoning permit, certificate of zoning compliance or other permit as required by specific sections of this chapter shall be a deemed a violation and punishable under § 152.999.

(2) Construction and use to be as provided in applications, plans, permits and certificates. Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto. Any use, arrangement or construction not in conformance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 152.999.

(3) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with the Zoning Inspector. The Zoning Inspector shall record such complaint, immediately investigate and take such appropriate action thereon as may be necessary and provided for by this chapter.

(1) A zoning permit shall be void if any of the following conditions exist:

(a) The zoning permit was issued contrary to the provisions of this chapter by the Zoning Inspector; or

(b) The zoning permit was issued based upon a false statement by the applicant.

(2) When a zoning permit has been declared void for any of the above reasons by the Planning and Zoning Board, written notice of its revocation shall be given by certified mail to applicant, sent to the address as it appears on the application. Such notices shall also include a statement that all work upon or use of the building, structure or land cease unless, and until, a new zoning permit has been issued.

(Ord. 97-5, passed 8-4-1997) Penalty, see § 152.999

§ 152.026 NONCONFORMING USES.

(A) Intent. Within the districts established by this chapter, or amendments hereinafter adopted, there may exist lots, structures and/or uses of land which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this section to permit such nonconformities to continue until they are removed, but not necessarily to encourage their survival.

(B) When permitted.

(1) Existing land or buildings. Any use of land or buildings existing on the effective date of this chapter may be continued, even though such use does not conform to the provisions herein, so long as such use was in conformity with the zoning ordinance in effect at the time that the use or structure was established. No nonconforming building, structure or use shall be moved, extended, enlarged, reconstructed or structurally altered, except as specifically provided in this chapter.

(2) Construction commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this chapter, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this chapter, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two years from the date of adoption of this chapter or amendment thereto making said use nonconforming.

(1) The Planning and Zoning Board shall allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made.

(2) A nonconforming mobile home, once removed, shall not be allowed to be relocated on another lot, or replaced with another mobile home without specific approval of the Planning and Zoning Board.

(D) Extension. No nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except as follows.

(1) (a) The Planning and Zoning Board may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding 50% of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this chapter.

(b) The Board shall not authorize an enlargement which would result in a violation of the provision of this chapter with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this chapter.

(2) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.

(3) Any residential structure which is nonconforming due to the fact of its being in a nonresidential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate district where residences are a permitted use.

(4) The expansion or extension of the nonconforming use of land shall be limited to an area consisting of 125% of the area enclosing the nonconforming use at the time of enactment of this chapter, provided such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.

(5) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.

(E) Discontinuance.

(1) A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use.

(2) A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:

(a) When the use has been voluntarily discontinued for a period of two years; or

(b) When the nonconforming use has been replaced by a conforming use.

(F) Damage and/or destruction of a nonconforming building or use.

(1) In the administration of this section, if disagreement occurs as to the market value of a particular property, that market value shall be determined by an independent appraiser as selected and mutually agreed to by the applicant and the village. Such appraisals shall be performed according to a comparable value method of appraisal.

(2) When a building or structure, the use or location of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of God or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:

(a) The restoration or rebuilding is commenced within six months of the time of damage, and construction is completed within one year;

(b) The damaged or destroyed building was not located in such a manner so as to encroach or intrude on adjacent property; and

(3) If any part of the damaged or destroyed building encroaches or intrudes on adjacent property, the location of the restored or rebuilt structure is subject to approval by the Planning and Zoning Board. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of division (D) above shall apply.

(G) Maintenance and repair.

(1) Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use.

(2) Structural alterations may be made to a building or structure containing a nonconforming use as follows:

(a) When required by law;

(b) To convert to a conforming use; and

(c) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.

(H) Nonconforming lots of record. In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this chapter, even though such lot does not comply with the lot area and width requirements of the district in which it is located; provided said lot has a minimum of 40 feet frontage on a public street; and further provided the following conditions are complied with.

(1) In any district where dwellings are permitted, two inches may be deducted from the required minimum width of each side yard and four inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three feet.

(2) For lots having a depth of less than 100 feet, the depth of the rear yard need not exceed 25% of the total depth of the lot, but shall not be less than 20 feet.

(I) Nonconforming mobile homes in districts other than MH-R.

(1) A nonconforming mobile home, as defined in § 152.005, once removed, shall not be allowed to be relocated on another lot or replaced with another mobile home.

(2) Such mobile home may be replaced by a permanently sited manufactured home, or a manufactured home, not considered a permanently sited manufactured home, subject to the following:

(a) The unit was manufactured after January 1, 1995; and

(b) The unit is affixed to a permanent foundation, as defined in § 152.005.

(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008)