Wauseon City Zoning Code
CHAPTER 1137
Nonconformance
1137.01 INTENT.
Within the districts established by this Zoning Code or amendments that may be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this Zoning Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Code or future amendments. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as rounds for adding other structures or uses prohibited elsewhere in the same district.
(Ord. 1989-81. Passed 1-2-90.)
1137.02 INCOMPATIBILITY OF NONCONFORMING USES.
Nonconforming uses are declared by this Zoning Code to be incompatible with permitted uses in the districts in which such use is located.
(Ord. 1989-81. Passed 1-2-90.)
1137.03 SINGLE LOTS OF RECORD.
In any district in which single family dwellings are permitted, a single family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for lot area or width that are for the district in which such lot is located. However, where a lot of record at the time of the effective date of this Zoning Code is less than sixty-five feet in width, the minimum side yards shall be as follows:
Side Yards (feet) | ||
Lot Width (feet) | Side One | Total of Two |
55 to 59.9 | 7 | 15 |
50.1 to 54.9 | 6 | 14 |
50 or less | 5 | 13 |
(Ord. 1989-81. Passed 1-2-90.)
1137.04 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 Zoning Code and if all or part of the lots with no building do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this Zoning Code and no portion of such parcel shall be used or sold in a manner which finishes compliance with lot width and area requirements established by this Zoning Code nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.
(Ord. 1989-81. Passed 1-2-90.)
1137.05 LAND USES.
Where, at the time of adoption of this Zoning Code, lawful uses of land exist which would not be permitted by the regulations imposed by this Zoning Code, the uses may be continued so long as they remain otherwise lawful, provided.
(a) No such nonconforming use 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 Zoning Code;
(b) 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 use at the effective date of adoption or amendment of this Zoning Code;
(c) If any such nonconforming use of land is voluntarily discontinued for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located;
(d) No additional structure which does not conform to the requirements of this Zoning Code shall be created in connection with such nonconforming use of land.
(Ord. 1989-81. Passed 1-2-90.)
1137.06 STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot, coverage, height, yards, its location on the lot, bulk 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 portions thereof may be altered to decrease its nonconformity;
(b) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means, such that the expense to repair or reconstruct such structure or portion thereof would exceed 200% of the assessed valuation of the entire building or structure at the time such damage occurred, it shall not be reconstructed except in conformity with the provisions of this Zoning Code;
(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. 1989-81. Passed 1-2-90.)
1137.07 USE OF STRUCTURE OR OF STRUCTURE 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 Zoning Code that would not be allowed in the district under the terms of this Zoning Code, 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 Zoning Code 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 conforming 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 Zoning Code, but no such use shall be extended to occupy any land outside such building;
(c) In no structural alterations are made, any nonconforming use of a structure or structure and premises may, as a conditional use, be changed to another nonconforming use provided that the Planning Commission finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Code.
(d) Any structure, or structure and land in combination, in or on which a conforming 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) Where there is a nonconforming use status applied to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 1989-81. Passed 1-2-90.)
1137.08 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 nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it becomes 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 an official charged with protecting the public safety upon order of such official.
(Ord. 1989-81. Passed 1-2-90.)