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Strongsville City Zoning Code

CHAPTER 1274

Nonconforming Uses

1274.01 INTENT.

   Regulations for the continuance, maintenance, repair, restoration, moving and discontinuance of nonconforming buildings, land and uses are established in order to achieve, among others, the following purposes:
   (a)    To permit the continuance of nonconformity, but to control the same so as to minimize any adverse effect on 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 they are discontinued and to bring about eventual conformity in accordance with the objectives of the Comprehensive Plan and this Zoning Code.
(Ord. 1978-165. Passed 10-16-78.)

1274.02 LAWFUL NONCONFORMITY.

   The lawful use of any dwelling, building, structure, land or premises that is existing and lawful at the time of the enactment of this Zoning Code (Ordinance 1978-165, passed October 16, 1978), may be continued, although such use, dwelling, building, structure, land or premises does not conform to the provisions of this Zoning Code. The completion, restoration, reconstruction, extension or substitutions of a nonconforming building, lot or use shall be subject to the provisions and conditions set forth in this chapter.
(Ord. 1978- 165. Passed 10-16-78.)

1274.03 DISCONTINUANCE AND ABANDONMENT.

   Any nonconforming building, lot or use of land shall be considered abandoned when the owner, lessee or tenant has discontinued its use for one year or more, or when the nonconforming building, It or use has been replaced by a conforming building, lot or use.
(Ord. 1978-165. Passed 10-16-78.)

1274.04 MAINTENANCE AND REPAIR.

   A nonconforming building may be continued to be used and normal repairs and improvements may be made. For the purpose of this Zoning Code, normal repairs shall include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. It shall not include the replacement of structural parts in any nonconforming building, except when required by law to restore the structure to a safe condition or to make the building or use conforming.
(Ord. 1978-165. Passed 10-16-78.)

1274.05 RESTORATION OF DAMAGED STRUCTURES.

   Any nonconforming building or structure which has been destroyed or damaged by fire, other casualty, act of God or a public enemy to the extent of fifty percent or more of its cost of restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this Zoning Code.
   The total structural repairs, improvements and alterations, including repairs occasioned by fire, other casualty, act of God or a public enemy to the extent of less than fifty percent of its cost of restoration, shall not, during the life of the structure or use after the enactment of this Zoning Code (Ordinance 1978-165, passed October 16, 1978), exceed fifty percent of the reproduction value of the structure as of the date of enactment of this Zoning Code, unless the structure or use is permanently changed to a conforming use.
   Determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City and the third to be selected by the mutual consent of the two parties.
   In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six months of the destruction, and repairs must be completed within six months of the issuance of the permit, or the nonconforming structure or use shall be considered to be abandoned.
(Ord. 1978-165. Passed 10-16-78.)

1274.06 EXTENSION PROHIBITED.

   No nonconforming building or use shall be enlarged or structurally altered except to make it a conforming building or use. A nonconforming use may not be extended within a building, enlarged or added to in any manner.
(Ord. 1978-165. Passed 10-16-78.)

1274.07 NONCONFORMING CHANGE PROHIBITED.

   The use of a nonconforming building or lot may be changed only to conform to the regulations of the district in which the building or lot is located, and only if approved by the Planning Commission, after a public hearing. Thereafter, it shall not be changed back to the former nonconforming status.
(Ord. 1978-165. Passed 10-16-78.)

1274.08 MOVING NONCONFORMING STRUCTURE.

   A nonconforming structure may be moved to a different location on the same lot or other parcel of land within the district, with approval of the Planning Commission, after a hearing, and provided proper and adequate alterations are secured to make the structure conform to the regulations of the district in which it is located.
(Ord. 1978-165. Passed 10-16-78.)

1274.09 NONCONFORMING PARKING FACILITIES.

   A building or use existing lawfully at the time this Zoning Code or any amendment hereto became effective, but which does not conform with the off-street parking or off-street loading regulations of this Code, may be occupied by the existing use without such parking and/or loading facilities being provided. However, any parking spaces that may be provided thereafter shall comply with the regulations set forth in Chapter 1270. Furthermore, if the existing building is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then 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 all provisions of Chapter 1270.
(Ord. 1978-165. Passed 10-16-78.)

1274.10 NONCONFORMITY DUE TO AMENDMENTS.

   The foregoing provisions of this chapter shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this Zoning Code.
(Ord.   1978-165. Passed: 10-16-78.)