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Whitehall City Zoning Code

TITLE FIVE

Nonconformities

1120.01 CONTINUANCE AND DISCONTINUANCE.

   (a)   Continuing a Nonconformity. Legally established lots, uses of land, structures, and uses of structures exist 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. Such lots, uses, and structures that were legally established may continue as a nonconformity, subject to the provisions of this Title.
   (b)   Discontinuing a Nonconformity.
      (1)   If a nonconformity is voluntarily discontinued or abandoned for a consecutive period of twelve (12) months or more, any future use or improvement shall be in conformity with this Zoning Code.
      (2)   A nonconformity shall be deemed vacated or abandoned when any of the following occurs:
         A.   Regarding a nonconforming use, said use has not operated for a consecutive period of twelve (12) months or more.
         B.   Regarding a nonconforming structure or property, no use has legally operated in the structure or on the property for a consecutive period of twelve (12) months or more.
         C.   The property owner has applied for a demolition permit of the sign, structure, addition, or similar element that is a nonconformity.
       (3)   A statement of intent shall not be deemed sufficient evidence of continuing a nonconformity.
   (c)   Previously Issued Zoning Certificates - Work Complete. Nothing within this Title shall be construed to require any change in the layout, plans, construction, size, or use of any sign, lot, structure, or structure and land in combination, for which a zoning certificate became effective prior to the effective date of this Zoning Code and for which the construction is complete.
   (d)   Previously Issued Zoning Certificates - Work In Progress. Nothing within this Title shall be construed to require any change in the layout, plans, construction, size, or use of any sign, lot, structure, or structure and land in combination, for which a zoning certificate became effective prior to the effective date of this Zoning Code and for which the actual construction has been carried on diligently.
      (1)   Actual construction is defined to include the placing of construction materials in a permanent position and fastened in a permanent manner.
      (2)   Where demolition or removal of an existing building has substantially begun in preparation for rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work is carried out diligently.
      (3)   A continuous stop of twelve (12) consecutive months, during which no actual construction has occurred, shall be deemed an abandonment of the zoning certificate after which the work shall cease and shall not continue without a new zoning certificate.
 
   (e)   Special Permit Uses. Any use which is permitted as a special permit use in a district under the terms of this Zoning Code shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
   (f)   Nonconformity Certificate. The Director of Public Service may, upon their own initiative, or shall, upon the request of any owner, issue a certificate for any sign, lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies the sign, lot, structure, or use as a valid and legally established nonconformity. A nonconformity certificate shall:
      (1)   Specify the reason why the sign, lot, structure, and/ or use is a nonconformity.
      (2)   Describe the extent and kind of sign, lot, structure, and/or use that is the nonconformity.
      (3)   Describe the portion of a structure or land this is occupied by the nonconforming use, where applicable.
      (4)   Describe the extent of any applicable dimensional measurements that are nonconforming.
   (g)   The City may impose an application fee for certificates and permits per Chapter 1303 - Administration and Permits of the Codified Ordinances of the City of Whitehall, Ohio, as may be amended. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)

1120.02 MAINTENANCE AND REPAIR.

   (a)   Maintenance and Repair Permitted. Ordinary maintenance and repair may be completed with approved building permits, where appropriate, on any nonconforming structure, nonconforming sign, or portion of a structure containing a nonconforming use per the following:
      (1)   Such work may include repair or replacement in-kind of nonbearing walls, fixtures, wiring, or plumbing.
      (2)   Such work shall not include alterations to load- bearing walls or alterations that increase the square footage of a nonconforming structure or use.
       (3)   Such work shall not include alterations that expand the size or height of a nonconforming sign, nor alterations that move the sign to a nonconforming location.
   (b)   Addressing Safety Orders. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.
(Ord. 081-2023. Passed 10-3-23.)

1120.03 RESTORATION AND RECONSTRUCTION.

   (a)   Determining Square Footage and Surface Area. For the purposes of this section, square footage and/or surface area shall be determined by the Director of Public Service based on sources including:
      (1)   Nonconformity certificates issued by the City of Whitehall.
      (2)   In-person inspection by the Director of Public Service or designee.
      (3)   Records maintained through the City of Whitehall's Geographic Information System (GIS).
      (4)   Records maintained by the Franklin County Auditor.
      (5)   Real estate listing(s) from a licensed professional of the subject property.
      (6)   Information submitted by the property owner.
 
   (b)   Restoration after Damage (under Fifty Percent (50%)) Permitted. Where less than fifty percent (50%) of the surface area of a nonconforming sign is damaged or destroyed by any means, or where less than fifty percent (50%) of the square footage of a nonconforming structure or nonconforming portion of a structure is damaged or destroyed by any means, the sign or structure may be restored, reconstructed, and/or reoccupied with the following conditions:
      (1)   Nonconformity certificates issued by the City of Whitehall.
      (2)   In-person inspection by the Director of Public Service or designee.
      (3)   Records maintained through the City of Whitehall's Geographic Information System (GIS).
   (c)   Restoration after Damage (Fifty Percent (50%) or greater) Prohibited. Where fifty percent (50%) or greater of the surface area of a nonconforming sign is damaged or destroyed by any means, or where fifty percent (50%) or greater of the square footage of a nonconforming structure or nonconforming portion of a structure is damaged or destroyed by any means, it shall not be restored, reconstructed, and/or reoccupied except in conformity with the provisions of this Zoning Code. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)

1120.04 EXPANSION AND SUBSTITUTION.

   (a)   Expansion of Nonconformity. Nonconformities shall not receive additional signage viewable from off of the subject property, nor be moved, extended, altered, expanded, or used as ground for any other uses or structure prohibited elsewhere by this Zoning Code without the approval of the Planning Commission and Council, except as otherwise explicitly provided for in this Zoning Code.
   (b)   Substitution of Nonconformity. Nonconformities shall be prohibited from being substituted for a separate nonconformity except as provided in Article 1121 - Nonconforming Uses, Structures, Lots, and Signs.
(Ord. 081-2023. Passed 10-3-23.)

1121.01 NONCONFORMING STRUCTURES.

   (a)   Continued Use of Nonconforming Structures. Any nonconforming structure that was lawful at the effective date of adoption or amendment of this Zoning Code, but 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, may be continued to be used. This provision shall not be construed to prevent an authority from legally halting the use of any structure (e.g., condemning a building for safety hazards).
   (b)   Limits on Alterations. A nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity.
   (c)   Permitted Alterations. A nonconforming structure may be altered in a manner that decreases its nonconformity.
   (d)   Moving a Nonconforming Structure. A nonconforming structure may only be moved if the new location would cause the nonconforming structure to comply with the applicable development standards and land use standards, after which no changes shall cause the structure to become nonconforming.
(Ord. 081-2023. Passed 10-3-23.)

1121.02 NONCONFORMING LOTS.

   (a)   Construction on Nonconforming Lots. Construction of conforming structures for a permitted use may be permitted through a zoning certificate on any pre-existing lot of record which may have a deficient lot width or lot area per the requirements of the applicable zoning district. Such construction shall not require a variance of minimum lot width or minimum lot area from the Board of Zoning and Building Appeals.
   (b)   Variances for Construction on Nonconforming Lots. A variance of any development standard such as minimum setback requirements may be obtained only through action of the Board of Zoning and Building Appeals as provided in Section 1125.01 - Variances.
   (c)   Subdivision of Nonconforming Lots Limited. No existing nonconforming lots shall be subdivided or otherwise altered in a manner that would increase the degree(s) of nonconformity (e.g., a lot that has a deficient width shall not be subdivided in a manner that further decreases its width).
   (d)   Subdivision of Conforming Lots. No existing conforming lots shall be subdivided or otherwise altered in a manner that would cause them to become nonconforming. This provision shall not be construed to prevent a property owner from seeking a variance of lot-related dimensional aspects from the Board of Zoning and Building Appeals as provided in Section 1125.01 - Variances. For example, an approved variance would establish the standard for a given property and would not create a nonconformity.
(Ord. 081-2023. Passed 10-3-23.)

1121.03 NONCONFORMING SIGNS.

   (a)   Continued Use of Nonconforming Signs. Any nonconforming sign that was lawful at the effective date of adoption or amendment of this Zoning Code, but that could not be built under the terms of this Zoning Code by reason of restrictions on area, height, its location on the lot, bulk, illumination, or other requirements concerning the sign, may be continued to be used.
   (b)   Alterations Limited. No structural alteration shall be made to any nonconforming sign except if:
      (1)   The alteration is required by law.
      (2)   The alteration will result in bringing the nonconforming sign into conformance.
      (3)   The alteration will result in removal of the nonconforming sign.
      (4)   The alteration will not maintain or increase the degree of nonconformity.
   (c)   Revocation of Legal Nonconforming Status. The legal nonconforming status of a sign shall be automatically revoked and the nonconformity must be removed or be brought into conformity with this Zoning Code if any of the following occurs:
      (1)   The sign is damaged to an amount exceeding fifty percent (50%) of the sign's replacement value, as determined by at least two sign companies required to provide a quote.
      (2)   The sign type or structure is altered.
      (3)   The sign is relocated.
      (4)   The sign and its structure (including supports, frames, and panels) are determined by the Director of Public Service to be unsafe or in violation of this Code or the Building Code and declared a nuisance.
         (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)