1127.03 DETERMINATION OF NONCONFORMITY STATUS.

1127.03 DETERMINATION OF NONCONFORMITY STATUS.

Skip to main content
Search
Sitemap
Login
Select Language
Resources
Skip to code content (skip section selection)
2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
CHAPTER 1101 Gemeral Provisions
CHAPTER 1103 Administration and Decision-Making Bodies
CHAPTER 1105 Review Procedures
CHAPTER 1107 Zoning Districts and Principal Use Regulations
CHAPTER 1109 Planned Residential Developments (PRD)
CHAPTER 1111 Accessory and Temporary Use Regulations
CHAPTER 1113 General Development Standards
CHAPTER 1115 Landscaping and Screening Standards
CHAPTER 1117 Parking and Access Standards
CHAPTER 1119 Signs
CHAPTER 1121 Subdivision Design Standards
CHAPTER 1123 Wind Energy Systems
CHAPTER 1125 Wireless Telecommunications
CHAPTER 1127 Nonconformities
1127.01 PURPOSE.
1127.02 GENERAL PROVISIONS.
1127.03 DETERMINATION OF NONCONFORMITY STATUS.
1127.04 NONCONFORMITIES AND VARIANCES.
1127.05 NONCONFORMING USES.
1127.06 NONCONFORMING STRUCTURES AND SITES.
1127.07 NONCONFORMING LOTS OF RECORD.
1127.08 NONCONFORMING SIGNS.
1127.09 NONCONFORMING FENCES AND WALLS.
CHAPTER 1129 Enforcement and Penalties
CHAPTER 1131 Definitions
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
1127.03 DETERMINATION OF NONCONFORMITY STATUS.
CHAPTER 1127 Nonconformities
CHAPTER 1127
Nonconformities
1127.01   Purpose.
1127.02   General provisions.
1127.03   Determination of nonconformity status.
1127.04   Nonconformities and variances.
1127.05   Nonconforming uses.
1127.06   Nonconforming structures and sites.
1127.07   Nonconforming lots of record.
1127.08   Nonconforming signs.
1127.09   Nonconforming fences and walls.
 
   1127.01 PURPOSE.
   Within the districts established by this code, some lots, uses of lands or structures, or combinations thereof may exist which were lawful prior to the effective date or amendment of this code, but that are prohibited, regulated, or restricted under the terms of this code. The legitimate interest of those who lawfully established these nonconformities are herein recognized by providing for the continuance of such uses, subject to regulations limiting their completion, restoration, reconstruction, extension, and/or substitution. Nevertheless, while it is the intent of this code that such nonconformities be allowed to continue until removed, they should not be encouraged to survive, unless otherwise allowed in this chapter or specifically addressed in this code. (Ord. 26-22. Passed 4-26-22.)
   1127.02 GENERAL PROVISIONS.
   (a)   The lawful use of any use, building, structure, or of any land or premises as existing and lawful at the time of enactment of this code may be continued although such use, building, structure, or of any land does not conform to the provisions of this code.
   (b)   Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
   (c)   An applicant for any development review that includes a nonconformity shall bear the burden of proof in demonstrating that the use was a legal nonconformity on the effective date of this code.
   (d)   Repair and Maintenance.
      (1)   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 footprint and height of the structure as it existed, when it became nonconforming, shall not be increased unless in accordance with this chapter.
      (2)   Nothing in this section shall be deemed to prevent the strengthening or restoring to safe condition of any building, 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.
   (e)   Unless otherwise stated, whenever this section calls for review and/or a decision by the BZBA, such review shall be the variance procedure including the application of public hearing notification and review criteria.
(Ord. 26-22. Passed 4-26-22.)
   1127.03 DETERMINATION OF NONCONFORMITY STATUS.
   (a)   At the time of application for a zoning permit, building permit, or request for variance, as applicable, regarding a nonconforming lot, building, structure or use, the property owner shall submit sufficient evidence for the Zoning Inspector or BZBA, as applicable, to determine that such lot, building, structure, or use was lawfully created or established in accordance with the zoning regulations in existence at that time.
   (b)   If the evidence submitted indicates the lot, building, structure or use was legally established and has since become nonconforming because of the establishment of or amendment to this code, the Zoning Inspector shall issue a zoning permit or building permit, as applicable, identifying it as a legal nonconformity. A copy of such certificate shall be kept on file in the City offices.
   (c)   The City may also issue a zoning or building permit if the Zoning Inspector, Planning Commission, or BZBA finds that the use, building, or structure existed prior to the adoption of the code in 1962, or any subsequent amendment during their applicable reviews.
(Ord. 26-22. Passed 4-26-22.)
   1127.04 NONCONFORMITIES AND VARIANCES.
   (a)   Whenever a nonconforming use has been changed to a conforming use, such use shall no longer be defined as a nonconforming use nor shall the property be returned to the former nonconforming use.
   (b)   The granting of a variance for a use that otherwise complies with this code, shall not create a nonconformity when the variance is granted.
   (c)   When a property owner or authorized agent is granted a variance for a nonconformity that addresses the nonconformity, the use, structure, or lot, shall no longer be considered nonconforming.
   (d)   If a property owner or authorized agent is granted a variance for a nonconformity that addresses some nonconformities but additional nonconformities continue, the use, structure, or lot shall still be subject to the provisions of this chapter.
(Ord. 26-22. Passed 4-26-22.)
   1127.05 NONCONFORMING USES.
   Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued, changed, or expanded so long as they remain otherwise lawful and provided:
   (a)   No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the effective date of adoption or amendment of this zoning code unless it complies with the provision of Section 1127.05(e): Expansion of a Nonconforming Use.
   (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 uses at the effective date of adoption or amendment if this zoning code.
   (c)   No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
   (d)   Change or Substitution of Nonconforming Use.
      (1)   A nonconforming use of a building, structure, or land shall not be changed or substituted to another nonconforming use unless the BZBA finds 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 or substitution, the BZBA may require appropriate conditions and safeguards in accordance with other provisions of this code.
      (2)   Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
   (e)   Expansion of a Nonconforming Use.
      (1)   Notwithstanding the foregoing provisions to the contrary, the usable area of a nonconforming residential use may be increased or improved, regardless of the applicable zoning district.
      (2)   Notwithstanding the foregoing provisions to the contrary, the usable area of a nonconforming, nonresidential use may be increased or improved, regardless of the applicable zoning district, where the owner of such use can demonstrate through application to the BZBA that the manner in which the useable area of the nonconforming use will be increased or improved will have minimal adverse impact upon adjacent properties and other permitted land uses in the surrounding neighborhood or can be made compatible with the adjacent properties and the uses in the surrounding neighborhood upon compliance with specified conditions.
      (3)   Variances to expand a nonconforming use into a required setback or to otherwise vary a regulation that applies to the subject site shall be prohibited.   
   (f)   Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use for applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval by the BZBA in accordance with this chapter.
   (g)   Termination of Nonconforming Uses.
      (1)   Termination of Use through Discontinuance. When any nonconforming use is voluntarily discontinued or abandoned for one (1) year or more, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
      (2)   Termination of Use by Damage or Destruction.
         A.   If a nonconforming residential use in any district is damaged or destroyed to any extent, such structure and use may be reestablished, restored, or reconstructed on the same lot. Such reestablishment, restoration, or reconstruction of the use shall require the issuance of a zoning permit.
         B.   If any nonconforming nonresidential use is damaged, but not to an extent greater than fifty percent (50%) of the principal structure's replacement cost, such structure and use may be reestablished, restored, or reconstructed on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment, restoration, or reconstruction of the use shall require the issuance of a zoning permit.
         C.   If any nonconforming nonresidential use is damaged beyond fifty percent (50%) of the principal replacement cost, such structure and use may only be reestablished, restored, or reconstruction with approval by the BZBA after consideration of surrounding uses and the impact of the nonconforming use.
         D.   The determination of the replacement cost shall be determined by an independent commercial appraisal firm, or bank, appointed by the Zoning Inspector and the President of Council and which appraisal cost will be paid for by the applicant at the time the building permit is applied for.
            (Ord. 26-22. Passed 4-26-22.)
   1127.06 NONCONFORMING STRUCTURES AND SITES.
   A nonconforming building or structure may continue to be used or occupied by a use permitted applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
   (a)   Any nonconforming structure or site may be enlarged, maintained, repaired, or altered provided, however, no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site, unless otherwise specified in this code.
   (b)   A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.
   (c)   The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.
   (d)   The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district shall not render a structure nonconforming.
   (e)   Damage or Destruction of a Nonconforming Structure Containing a Conforming Use.
      (1)   If a nonconforming structure is damaged, but not to an extent greater than fifty percent (50%) of the principal structure's replacement cost, such structure and use may be reestablished, restored, or reconstructed on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment, restoration, or reconstruction shall require the issuance of a zoning permit.
      (2)   If any nonconforming nonresidential use is damaged beyond fifty percent (50%) of the principal replacement cost, such structure and use may only be reestablished, restored, or reconstruction with approval by the BZBA after consideration of surrounding uses and the impact of the nonconforming structure or site.
      (3)   The determination of the replacement cost shall be determined by an independent commercial appraisal firm, or bank, appointed by the Zoning Inspector and the President of Council and which appraisal cost will be paid for by the applicant at the time the building permit is applied for.
      (4)   If an owner rebuilds a legally nonconforming structure, they may expand the structure provided any expansion or change does not increase the nonconformity that existed prior to the damage.
      (5)   If the owner voluntarily removes the structure or reduces the nonconformity, that owner shall not be permitted to rebuild the structure to the original height, size, or setback and shall be required to bring the structure into compliance with these regulations to the maximum extent feasible. (Ord. 26-22. Passed 4-26-22.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library
Previous Doc
Next Doc
0 items available

Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• ORD. 1127
• ord. 1127
• effective date or amendment of this code, but that are prohibited, regulated, or restricted under the terms of this code
• Ord. 26-22
• effective date of this code
• ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed, when it became
• ordance with this chapter
• order of such official
• ordance with the zoning regulations in existence at that time
• effective date of adoption or amendment of this zoning code unless it complies with the provision of Section 1127
• effective date of adoption or amendment if this zoning code
• ordance with other provisions of this code
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.