Worthington City Zoning Code
NONCONFORMING LOTS
USES AND STRUCTURES
§ 155.200 INTENT.
Where the districts established contain structures and uses of land and structures which were lawful before this title was passed or amended, but which would be prohibited, it is the intent to permit these nonconformities to continue, subject tot he provisions of this title, but not to encourage their survival.
('69 Code, § 7-27) (Am. Ord. 942, passed 10-14-02)
§ 155.201 NONCONFORMING USES OF LAND.
(A) No nonconforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of this title. No nonconforming use of land 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 this title. The following uses existing at the time of passage of this title are to be conforming: any use owned by a public agency, semi-public uses such as a church, public or church school, railroad tracks and public utility structure.
(B) Forfeiture by non-use. No nonconforming use of land structure shall continue if it is discontinued for 12 consecutive months; any use thereafter shall be a use permitted in the zoning district.
(C) Change in use. Any nonconforming use of land may be changed to another nonconforming use of the same nature, or to a more restricted use, or to a conforming use. A change to a more restricted use or to another nonconforming use may be made only if a conditional use permit is obtained. In addition to the other requirements of a CUP, such permit will be granted only if the relation of the land to surrounding property is such that it will not adversely affect neighboring property and/or it’s occupants to any greater degree than if the original nonconforming land use had continued. Once changed to a conforming use, no parcel of land shall be permitted to revert to a nonconforming use.
('69 Code, § 7-27.01) (Am. Ord. 942, passed 10-14-02; Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999
§ 155.202 NONCONFORMING USES OF STRUCTURES.
No nonconforming use of a structure may extend to any part of the structure which was not manifestly arranged or designed for such use at the time of adoption of this title; and no such use shall be extended to occupy any land outside the structure. Moreover, said structure shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except for a permitted use.
(A) Forfeiture by non-use. No nonconforming use of a structure shall continue if it is discontinued for 12 consecutive months; any use thereafter shall be a use permitted in the zoning district.
(B) Change in use. If no structural alterations are made, any nonconforming use of structure may be changed to another nonconforming use of the same nature, or to a more restricted use, or to a conforming use. A change to a more restricted use or to another nonconforming use may be made only if a conditional use permit is obtained. In addition to the other requirements of a CUP, such permit will be granted only if the relation of the land to surrounding property is such that will not adversely affect neighboring property and/or it’s occupants to any greater degree than if the original nonconforming use had continued. Once changed to a conforming use, no structure shall be permitted to revert to a non- conforming use.
(C) Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of the effective date of this title shall not be increased.
('69 Code, § 7-27.02) (Am. Ord. 942, passed 10-14-02; Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999
§ 155.203 NONCONFORMING STRUCTURE.
A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) Enlargement or alteration. No nonconforming structure may be enlarged or altered in any way which increases its nonconformity.
(B) Damage or destruction. If a nonconforming structure is destroyed by any means to an extent of more than 50% of its replacement cost exclusive of foundations, at time of destruction, it shall not be reconstructed except in conformity with this title. However, in the Flood Hazard District, the Board of Zoning Appeals may issue a conditional use permit for reconstruction if the structure is located outside of the floodway, is a permitted use in the underlying zoning district and upon reconstruction, is adequately floodproofed, elevated or otherwise protected in conformity with § 155.187(B)(1) through (8).
(C) Relocation. If a nonconforming structure is 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.
(D) Building safety. Nothing contained in this title shall be deemed to prevent the strengthening or restoring to a safe condition charged with protecting the public safety, upon order of such official.
('69 Code, § 7-27.03) (Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999
§ 155.204 NONCONFORMING LOTS.
(A) Nonconforming lots. Any conforming use or conforming structure on a nonconforming lot may be enlarged, extended, constructed or moved so long as other requirements of this title are met.
(B) Division of combined nonconforming lots. Any two or more lots under the same ownership and with continuous frontage at the date of this title shall not be used or sold in a manner which diminishes possible compliance with this title.
(C) Dwelling on any lot of record. Notwithstanding any other provision of this title, a single family detached dwelling may be erected at any time on any lot which was of official record by deed or plat and separately owned on October 10, 1962, located in a residence district irrespective of its area or width, provided the applicable yard and other open space requirements are complied with. The minimum yard space requirements of the district in which said lot is located shall apply. Front, side or rear yard encroachments as specified in § 155.040(F) shall be prohibited in the case of substandard lots of record and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line. Lots may also be subject to the provisions of § 155.040(B).
('69 Code, § 7-27.04) (Am. Ord. 942, passed 10-14-02) Penalty, see § 155.999
§ 155.205 NONCONFORMING CHARACTERISTICS OF USE.
(A) Generally. Characteristics of a land use, such as lighting, off-street parking, buffering, signs, or other regulations pertaining to the use of land that were not in existence at the time of the adoption or amendment of this title shall be considered a nonconforming characteristic of use. No nonconforming characteristic of use shall be required to comply with the provisions of this title unless a land use change, or the (re)construction and/or expansion of a structure increases the nonconformity of the characteristic.
(B) Nonconforming signs.
(1) Signs existing on the effective date of this chapter which do not conform to the regulations set forth in this chapter and in Chapter 153 shall be considered nonconforming. Advertising signs which become nonconforming uses shall be removed within three years after the effective date of this chapter or otherwise be relocated to comply with all the provisions of this chapter and of Chapter 153.
(2) Business signs on the premises of a nonconforming structure or use may be continued but such signs shall not expand in area, height or illumination. New signs not to exceed 35 square feet in aggregate sign area may be erected only upon the complete removal of all other signs existing at the time of the adoption of this chapter. Such new signs may be illuminated but no flashing, rotating or moving sign shall be permitted.
(3) No sign erected before the passage of this chapter shall be rebuilt, altered or moved to a new location without being brought into compliance with the requirements of this chapter and of Chapter 153.
(C) Off-street parking. The purpose of this section shall be to reduce the requirements for off-street parking and loading when development occurs on parcels of land which are lawfully nonconforming as described in §§ 155.200 through 155.206. For the purpose of this section, development shall be defined as a change in use which increases the nonconformity of this section and/or the (re)construction and/or expansion of a structure.
(1) Applicability. This section shall not be applicable to any parcel of land which is in violation of § 155.042. Parcels of land which are lawfully nonconforming as described in §§ 155.200 through 155.206 shall not be considered to be in violation.
(2) Number required. To fulfill the purpose of this section, the number of required off-street parking and loading stalls shall be equal to the number of stalls existing immediately prior to the proposed development, plus 50% of the parking deficiency existing at the time of the proposed development, plus the number of stalls required by the new development.
(a) As used in this section, the parking deficiency shall mean the number of off-street parking and loading stalls required by Table 2 less the number of stalls currently provided.
(b) In cases where the use is vacant at the time of development, the calculation of the existing parking deficiency shall be based on the most recent non-vacant use.
(c) In no event shall the number of parking and loading stalls required under this section exceed the parking requirement as indicated by Table 2.
('69 Code, § 7-27.05) (Ord. 610, eff. 8-27-79; Am. Ord. 942, passed 10-14-02) Penalty, see § 155.999
§ 155.206 NONCONFORMING JUNK YARDS.
No junk yard may continue as a nonconforming use for more than one year after the effective date of this title except that a junk yard may continue as a nonconforming use if within that period it is completely enclosed within a building, fence, screen platting or other device is to be erected and maintained in accordance with § 155.043 of this chapter. Plans of such building or device shall be approved by the Planning Commission and the City Council before it is erected or put into place.
(Ord. 942, passed 10-14-02) Penalty, see § 155.999