St Paris City Zoning Code
NONCONFORMING USES
§ 154.330 INTENT.
Within the districts established by this chapter, or future amendments that may later be adopted, there exist lots, structures, uses of land, and structures and characteristics of use 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 subchapter to permit these nonconformities to continue until they are removed or discontinued. It is further the intent of this subchapter 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. 420, passed 3-4-1981)
§ 154.331 INCOMPATIBILITY OF NONCONFORMING USES.
Nonconforming uses are declared by this subchapter to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.
(Ord. 420, passed 3-4-1981)
§ 154.332 AVOIDANCE OF UNDUE HARDSHIP.
To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition, or removal, of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition, or removal, shall be deemed to be actual construction; provided that the work shall be carried out diligently.
(Ord. 420, passed 3-4-1981)
§ 154.333 SINGLE NONCONFORMING LOTS OF RECORD.
(A) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(B) This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(C) Variances of yard requirements shall be obtained only through action of the Board of Zoning Appeals.
(Ord. 420, passed 3-4-1981)
§ 154.334 NONCONFORMING LOTS OF RECORD IN COMBINATION.
If two or more lots, or a combination of lots, and portions of lots with continuous frontage in single ownership, are of record at the time of passage or amendment of this chapter, and if all, or part, of the lots with no buildings 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 subchapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
(Ord. 420, passed 3-4-1981)
§ 154.335 NONCONFORMING USES OF LAND.
Where, at the time of adoption of this subchapter lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful; provided:
(A) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(B) No such nonconforming uses 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 chapter;
(C) If any such nonconforming uses of land are voluntarily discontinued for a period of more than two years, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
(Ord. 420, passed 3-4-1981)
§ 154.336 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this subchapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure, or portion thereof, may be altered to decrease its nonconformity.
(B) Nothing in this chapter shall prevent the reconstruction of a building or structure, wholly or partly, destroyed by fire, flood, explosion, wind, and the like; provided such reconstruction is begun within six months and completed within two years.
(C) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 420, passed 3-4-1981)
§ 154.337 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this subchapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(C) If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises, may, as a conditional use, change to another nonconforming use; provided that the Board of Zoning Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such a change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(D) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(E) When a nonconforming use of a structure, or structure and premises in combination, is voluntarily discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(F) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 420, passed 3-4-1981)
§ 154.338 REPAIRS AND MAINTENANCE.
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 non-bearing walls, fixtures, wiring, or plumbing; provided that the cubic content existing when it became nonconforming shall not be increased. 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, upon order of such official.
(Ord. 420, passed 3-4-1981)
§ 154.339 USES UNDER CONDITIONAL USE PROVISIONS NOT NONCONFORMING.
Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.
(Ord. 420, passed 3-4-1981)