Twinsburg City Zoning Code
TITLE FIVE
Nonconformities
1119.01 PURPOSE.
(a) The purpose of this section is to provide for the eventual and equitable elimination of uses that do not conform to zoning requirements, but which were in legal operation prior to the enactment of this Code.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1119.02 REGULATIONS.
(a) Standards for Continuance of Nonconformity. The lawful use of any building or land existing at the effective date of this Code or amendment thereto may be continued although such use does not conform with the provisions of this Code provided the following conditions are met:
(1) Alterations. No existing building, structure or use of the land not permitted by this Code in the zone or district in which such building, structure or use of land is located shall be reconstructed, structurally altered, enlarged, or extended in any way unless the use is changed to a use permitted in the zone or district in which the building or land is located.
(2) Restoration. When a building or structure, the use of which does not conform to the provisions of this Code, is damaged or destroyed by any means, to the extent of more than seventy-five percent (75%) of its gross floor area is condemned as unsafe for human occupation, neither the use nor the building shall be restored except in conformity with the regulations of the zone or district in which the building or structure is situated.
(3) Construction approved prior to Code. Nothing in this Code shall prohibit the completion of construction and use of a nonconforming building or structure for which a zoning permit has been issued prior to the effective date of this Code, provided that the construction is commenced within ninety (90) days after the issuance of such certificate; that construction is carried on diligently and without interruption for a continuance period in excess of thirty (30) days; and that the entire building or structure shall have been completed within two (2) years after the issuance of said zoning permit.
(4) Displacement. No nonconforming use shall be expanded.
(5) Illegal Uses. Nonconforming uses existing at the effective date of this Code not validly established under existing zoning laws shall be declared illegal nonconforming uses and shall be discontinued within a period of two (2) years following the effective date of this Code. Conditionally permitted uses in any zone or district shall not be considered a legally established use, unless validly nonconforming, under this or any prior Code unless a valid conditional use certificate has been issued pursuant to the relevant Code and unless such certificate remains valid.
(6) Unsafe buildings or structures. Nothing in this Code shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by the Chief Building Official.
(7) District changes. Whenever the boundaries of a district shall be changed to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming use created thereby.
(b) Discontinuance. Whenever a nonconforming use has been discontinued, the nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of this Code. For the purposes of this regulation, a nonconforming use shall be interpreted to have been discontinued when any of the following situations occur:
(1) The use is voluntarily vacated by the property owner through the demolition of all principal buildings on the subject property and no replacement building has been constructed within 365 days of the demolition, or construction of a replacement building has not commenced with physical evidence visible on the subject property within 365 days of the demolition;
(2) The use is voluntarily vacated by the property owner through the submission of a complete application to change the use of the property and/or to demolish associated buildings on the subject property and no other applications related to the maintenance or continuance of the use are received within 365 days;
(3) Vacancy of the use is evidenced by a lack of activity and the cessation of the use over a period at least 365 days, including physical inspections with documented signs of neglect;
(4) A building associated with the use is condemned and not repaired to a level that is safe for human occupation within 365 days of the condemnation, or repairs have not commenced with physical evidence visible on the subject property within 365 days of condemnation;
(5) Any Utility Facilities that service the property are shut off and not returned to service within 180 days;
(6) The buildings and/or land associated with the use are foreclosed and the owner does not resume the use within 365 days of the foreclosure; and/or
(7) The buildings and/or land associated with the use are sold or leased without the continuation of the use within 365 days of such sale or lease.
(c) Exemption for Dwellings. The provisions of Subsection (a)(1), above, and Subsection (a)(2), above, shall not apply to existing dwellings, including dwellings in a nonresidential zone or district. Nonconforming dwellings may be replaced in kind to their existing extents and in their existing locations, even if such dwellings do not meet the applicable standards of Section Title 41113.02 - Comprehensive Dimensional Standards.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1120.01 NONCONFORMING BUILDINGS AND STRUCTURES.
(a) Classification of Nonconforming Buildings and Structures. Buildings and structures that were lawfully constructed prior to the effective date of this Code and that do not comply with the applicable dimensional standards of this Code in the zone or district in which such buildings or structures are located shall be deemed nonconforming.
(b) Continuation. A nonconforming building or structure that lawfully occupies a lot on the effective date of this Code and that does not conform with the standards for yards, buffers, height, gross floor area of structures, driveways, location of parking, or open space for the zone or district in which the structure is located may be used and maintained, subject to the standards and limitations in Section 1119.02 - Regulations.
(c) Maintenance, Repair, and Structural Safety. The provisions of this Title shall not be construed to prevent normal maintenance and incidental repair on a nonconforming building, a nonconforming structure, or a conforming structure that contains a nonconforming use.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1120.02 NONCONFORMING USES.
(a) Classification of Nonconforming Uses.
(1) Uses that were lawfully established prior to the effective date of this Code and that do not conform to the use regulations of this Code in the zone or district in which such uses are located shall be deemed nonconforming. Uses not legally established at the effective date of this Code shall be declared illegal, nonconforming uses and shall be discontinued within two years.
(2) A dwelling shall not be considered a nonconforming use solely for a failure to comply with the provisions of Chapter 1115 - Parking, Loading, and Circulation.
(b) Continuation of nonconforming use. A nonconforming use that lawfully occupies a structure or a land site on the effective date of this Code may be continued so long as it remains otherwise lawful, subject to the standards and limitations in Section 1119.02 - Regulations.
(c) Change of Use. A nonconforming use shall not be changed to another nonconforming use. A change in tenancy or ownership shall not constitute termination or abandonment of the nonconforming use, provided that the use itself remains unchanged and is continuously maintained.
(Ord. 68-24. Passed by Electorate 11-7-24.)
1120.03 NONCONFORMING LOTS.
(a) Classification of Nonconforming Lots.
(1) Any lot that was lawful on the date of enactment of this Chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto, or as a result of public action, which causes said lot to not meet lot area and/or lot frontage requirements shall be deemed nonconforming.
(2) Any lot that was unlawful on the date of enactment of this Code, or amendment thereto, shall remain unlawful unless such lot is granted legal nonconforming status.
(b) Permitted Construction on a Nonconforming Lot. A single, allowed-by-permit use and its customary accessory uses may be constructed, reconstructed, or expanded on a nonconforming lot, provided that the development requirements, and all applicable city building and housing codes are fully complied with.
(c) Nonconforming Lots in Nonresidential Zones. If a nonconforming lot is in a nonresidential zone, then a building may be constructed on it for any use permitted in that zone or district in which the lot is located, provided that the off-street parking and loading requirements, including all yard requirements for the applicable zone or district, are complied with.
(d) Nonconforming Lots in Residential Zones. If a nonconforming lot is in a residential zone, then a one-unit dwelling may be constructed, so long as all dimensional standards that apply to the building are met. A development variance may be required (in accordance with Section 1125.04 - Development Variance) if, for example, the proposed dwelling does not meet the required setback from side lot lines (for a nonconforming lot that has less frontage than otherwise required). (Ord. 68-24. Passed by Electorate 11-7-24.)
1121.01 NONCONFORMING SIGNS.
(a) Grandfathering and Restrictions. Any sign lawfully in existence and in use prior to the effective date of this Code, or to subsequent dates of amendment, which does not conform to the provisions of this Code, may remain in use; however, such nonconforming sign shall not be altered, rebuilt, or re-constructed, unless done in conformance to the provisions of this Code.
(b) Discontinuation. Any nonconforming sign that is not used or leased for a continuous period of one year shall not be reused for sign purposes unless and until it fully conforms with this Code.
(c) Limitations on Structural Modifications. No structural repairs, or changes in shape, size, or design, to any nonconforming sign shall be permitted except to make a nonconforming sign comply with all requirements of this Code. Routine maintenance and changing of copy shall be allowed if such maintenance or changing of copy does not result in or change the shape, size, location, or design.
(d) Replacement of Damaged or Destroyed Nonconforming Signs. A nonconforming sign structure may not be replaced by another nonconforming sign structure.
(Ord. 68-24. Passed by Electorate 11-7-24.)