Willoughby City Zoning Code
CHAPTER 1167
Nonconforming Uses, Buildings, Lots, Structures, Signs and Facilities
1167.01 INTENT.
In accordance with the General Laws of the State of Ohio, the lawful establishment of nonconforming uses, buildings, lots, structures, signs, and other facilities is herein recognized by providing for the continuance of nonconforming status subject to regulations which limit their completion, restoration, reconstruction, extension and substitution. While it is the intent of this Zoning Code to permit such nonconforming status to continue until abandoned, removed or abated, the continued existence of a nonconforming status is considered to be generally inconsistent with the land use plan of the City and should be discouraged. It is further the intent of these regulations that any nonconforming use, building, structure, sign or other facility shall not be reconstructed, enlarged, restored, expanded or extended, except in accordance with the regulations contained in this chapter. Further, the continuation of a lawful nonconforming status shall not be construed as a reason to permit additions to such nonconforming status not specifically permitted by this chapter.
(Ord. 2020-21. Passed 2-18-20.)
1167.02 NONCONFORMING BUILDINGS OR STRUCTURES.
A building or other structure existing lawfully at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which does not conform to area or width of lot, yard dimensions, lot coverage, height of building or other regulations of the district in which it is located, is a lawful, nonconforming building or structure. A nonconforming building or structure does not include nonconformity with regulations pursuant to a legally-granted variance from a zoning restriction. A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Maintenance and Repair. A nonconforming building or structure may continue to be used, maintained and repaired provided, however, no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located.
(b) Additions. A nonconforming building or structure shall not be altered, added to or enlarged unless the additions or alterations to the original building or structure conform to the regulations of the district in which it is located.
(c) Moving. A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot or to another premises unless the building or structure is made to conform to all regulations of the district in which it is to be located.
(d) Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Zoning Code specified for such use.
(e) Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any cause such nonconforming building or structure may be restored to the original footprint and floor area, provided such restoration is started within a period of one year from the date of damage or destruction. Restorations that exceed the original footprint and/or floor area shall comply with subsection (b) hereof. If such a building is occupied by a nonconforming use prior to such damage, such use may be continued.
(Ord. 2020-21. Passed 2-18-20.)
1167.03 NONCONFORMING USE OF BUILDINGS AND LAND.
A use of building or land, or building and land in combination, existing lawfully at the time this Zoning Code, or any amendment thereto, became or becomes effective but which does not conform to the use regulations of the district in which it is located is a lawful nonconforming use. A nonconforming use does not include nonconformity with regulations pursuant to a legally-granted variance from a zoning restriction. A nonconforming use may continue in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Alteration, Reconstruction or Improvement. No building or structure containing a nonconforming use shall be altered, improved or reconstructed except upon prior approval of the Board of Zoning Appeals and then only if the alteration, reconstruction or improvement does not exceed fifty percent (50%) of the building or structure's fair market value as determined by an appraiser appointed by the owner. The appraisal shall be submitted to the City to be reviewed by an appraiser appointed by the City. The costs of the appraisal and review of the appraisal shall be borne by the owner.
(b) Change in Use.
(1) A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2) A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact, as determined by the Planning Commission, or to a use permitted in the zoning district in which the structure is located.
(3) Once changed to a permitted use or to a more restrictive and less intensive use in accordance with subsection (b)(1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven (7) consecutive days, including any change of use in violation of this subsection.
(4) Approval of Change in Use.
A. The change of a nonconforming use of a building, structure or land to a conforming use shall be permitted in accordance with the approval procedures for the conforming use.
B. A nonconforming use may be changed to another nonconforming use only through approval by the Planning Commission according to the conditional use procedures when the Planning Commission determines that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use. In permitting such change, the Planning Commission may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.
(c) Expansion of Nonconforming Use of Building. A nonconforming use of a building shall only be expanded pursuant to a use variance granted by the Board of Zoning Appeals in accordance with Section 1167.11.
(d) Expansion of Nonconforming Use of Lot. A nonconforming use of a lot or part thereof, including outdoor storage, shall only be expanded or extended pursuant to a use variance granted by the Board of Zoning Appeals in accordance with Section 1167.11.
(e) Discontinuance of Use. Discontinuance of the nonconforming use of a building, part of a building or lot or part of a lot for a continuous period of six (6) months shall constitute voluntary abandonment of such use and thereafter establishment or reestablishment of a use shall conform to the use regulations of the district in which the building or lot is located.
(f) Damage or Destruction. In the event that any building or structure occupied by a nonconforming use is destroyed by any means to the extent of more than fifty percent (50%) of its fair market value, it shall not be rebuilt, restored or reoccupied for any use unless such use conforms to the use regulations of the district in which the building or structure is located. Determination of the fair market value shall be made by an appraiser appointed by the owner. The appraisal shall be submitted to the City to be reviewed by an appraiser appointed by the City. The costs of the appraisal and review of the appraisal shall be borne by the owner.
(g) Nonconforming as to Performance Standards. A use existing lawfully at the time the enactment of this Zoning Code, or an amendment thereto, became or becomes effective, but which fails to conform to one or more performance standards, shall not be required to comply therewith except in the event that the use is substituted or expanded in conformance with these regulations.
(Ord. 2020-21. Passed 2-18-20.)
1167.04 NONCONFORMING SIGNS.
A sign, lawfully existing at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Nonconforming signs shall be regulated in accordance with Section 1163.14.
(Ord. 2020-21. Passed 2-18-20.)
1167.05 NONCONFORMING PARKING FACILITIES.
A building or use existing lawfully at the time this Zoning Code, or an amendment thereto, became or becomes effective, but which does not comply with off-street parking regulations for the district or use in which it is located may be occupied by the existing building or use without such parking facilities. In the event, however, that the existing building is altered or the use is changed or substituted in accordance with these regulations, then off-street parking shall be provided so as to conform with the parking regulations for the district or use except as permitted in Section 1167.12.
(Ord. 2020-21. Passed 2-18-20.)
1167.06 NONCONFORMING LOTS.
A lot of record which does not comply with the area and/or width of lot regulations of the district in which the lot is located on the effective date of this Zoning Code or any amendment thereto, causing the lot to become nonconforming, may be used as follows:
(a) If occupied by a dwelling, such dwelling shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged sections comply with all regulations of this Zoning Code, with the exception of the lot area and the lot width regulations. The number of dwelling units shall not be increased unless all regulations are complied with.
(b) If two or more vacant lots of record or a combination of lots and portions of lots, with contiguous frontage in single ownership, are nonconforming as defined in this section, such lots shall be re-subdivided to conform to the lot area and width regulations of the district in which the lots are located.
(c) In a Residential District, when a lot of insufficient area is in separate ownership and cannot be enlarged by acquiring adjoining vacant land, the lot shall be permitted to be used as a site for a one-family dwelling and accessory building only, provided that all other regulations of this Planning and Zoning Code, except lot area and lot width regulations, are complied with.
(Ord. 2020-21. Passed 2-18-20.)
1167.07 NONCONFORMING USE DUE TO RECLASSIFICATION.
The provisions of this chapter shall also apply to the buildings, structures, land or other uses hereafter becoming nonconforming as a result of amendments made to this Zoning Code or Zoning Map.
(Ord. 2020-21. Passed 2-18-20.)
1167.08 CHANGE FROM NONCONFORMING USE.
A nonconforming building or use shall cease to be considered as such whenever it first comes into compliance with the regulations of the district in which it is located. Upon such compliance, no previous nonconforming use shall be made or resumed.
(Ord. 2020-21. Passed 2-18-20.)
1167.09 EXISTING USE DEEMED CONDITIONAL USE; PERMIT REQUIRED FOR CHANGE.
A lawfully existing use that would be eligible for a conditional use permit in the district in which it is located shall not be a nonconforming use, but without further action, shall be deemed to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in ownership shall only be permitted upon review and approval by the Planning Commission according to the procedures for conditional uses set forth in Section 1109.05.
(Ord. 2020-21. Passed 2-18-20.)
1167.10 COMPLETION OF CONSTRUCTION WITH ZONING CERTIFICATE.
Nothing in this Zoning Code shall prohibit the completion of the construction and the use of nonconforming buildings and structures for which a certificate of zoning compliance has been issued prior to the effective date of this zoning code, or amendments thereto, provided that construction is commenced within ninety(90) days after such effective date and if completed within two years after the issuance of the zoning certificate.
(Ord. 2020-21. Passed 2-18-20.)
1167.11 VARIANCES TO NONCONFORMING USES.
According to the procedures established for appeals in Section 1109.08, the Board of Zoning Appeals shall hold a public hearing and give notice of the same.
No variance to a nonconforming use shall be granted as authorized by this chapter unless the Board of Zoning Appeals finds that the applicant for the variance has demonstrated that the applicant will suffer unnecessary hardship if strict compliance with the terms of this chapter is required. Such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
(a) The property cannot be put to any economically viable use under any of the permitted uses in the zoning district;
(b) The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
(c) The hardship condition is not created by actions of the applicant;
(d) The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
(e) The granting of the variance will not adversely affect the public health, safety or general welfare;
(f) The variance will be consistent with the general spirit and intent of the Zoning Code; and
(g) The variance sought is the minimum which will afford relief to the applicant.
In addition, all other procedures, limitations, and provisions of Sections 1109.09(a), (c), (d), (e) and (f) shall be met.
(Ord. 2020-21. Passed 2-18-20.)
1167.12 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
(a) If a nonconforming site condition(s) exists when a site plan is required pursuant to Chapter 1109, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions.
(b) Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the amount or location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a site plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(Ord. 2020-21. Passed 2-18-20.)