CHAPTER 1127 Nonconformities — Chapter Overview

CHAPTER 1127 Nonconformities

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
CHAPTER 1127 Nonconformities
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.)

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
• 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.