Granville Community Calendar

Ordinance 07-1995

ORDINANCE NO. 7-
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By: jhu M/in 95461 «
AN ORDINANCE TO AMEND CHAPTER 1149 OF THE GRANVILLE
CODIFIED ORDINANCES.
WHEREAS, this amendment would allow the Village to consider the continuation
of a non-conforming or mixed use at the point of sale or conveyance of the property
and;
WHEREAS, a change or use procedure currently does not exist in the
Ordinances.
NOW, THEREFOR, BE IT ORDAINED by the Council of Granville, Ohio:
Section I: That Chapter 1149 of the Granville Codified Ordinances is hereby
amended to read as follows:
CHAPTER 1149
Nonconforming and Mixed Uses
and Change of Use
1149.01 Existing Nonconforming Uses; 1149.05 Nonconforming or Mixed
Continuation. Use Made to Conform.
1149.02 Nonconforming Uses of 1149.06 Discontinuance of a Use.
Buildings; Enlargement, 1149.07 Repairs and Alterations.
Substitution, etc. 1149.08 Repair and Replacement of
1149.03 Criteria for Approval. Nonconforming Uses.
1149.04 General Procedure. 1149.10 Change of Use.
CROSS REFERENCES
Nonconforming uses, retroactive measures -see Ohio R.C. 713.15
Defined -see P. &Z. 1135.01
Nonconforming signs -see P. &Z. 1189.05(A)( 1)
1149.01 EXISTING NONCONFORMING USES; CONTINUATION.
Except as hereinafter specified, the lawful use of a building or structure existing at the time of the adoption or amendment of this Zoning Ordinance may be continued, although such use, building, structure, or land does not conform with the provisions of this Ordinance for the district in which it is located.
1149.02 NONCONFORMING USES.
Except when required by law or order or permitted under Section 1149.03, no existing building, structure or land devoted to a use not permitted by this Zoning Ordinance in the district in which such building, structure, or land is located shall be enlarged, extended or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located.
1149.03 CRITERIA FOR APPROVAL.
a) Changes. Upon application by the owner in the manner prescribed in the application procedure hereof to the Board of Zoning and Building Appeals, the change to another nonconforming use, the continuation of a nonconforming use, or the granting of a mixed use as set forth in Section 1157.02 may be permitted upon finding by the Board that:
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The proposed change, continuation, or granting of a mixed use will not increase the burden on public facilities and service such as isntgreets, utilities, schools and refuse disposal imposed by the exist- nonconforming use.
The proposed change, continuation, or granting of a mixed use will not be detrimental nor disturbing to existing uses in the district and will not entail a use which constitutes a nuisance or hazard to any persons in the surrounding use district.
1149.04 GENERAL PROCEDURE.
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b)
a) Contents of Application. Please refer to Chapter 1145.02 (b)for the
application contents.
Appeals. Any personwho is aggrieved or affected by the decision of
the Board shall have the right of appeal as provided in Chapter 1139.
1149.05 NONCONFORMING OR MIXED USE MADE TO CONFORM.
Whenever a nonconforming or mixed use has been changed to a conforming
use, such use shall not thereafter be changed to a nonconforming or mixed use.
1149.06 DISCONTINUANCE OF A USE.
a) No building, structure or land where a nonconforming or mixed use has
been discontinued for a period of twelve months or more shall again be
put to a nonconforming or mixed use.
b) No nonconforming or mixed use shall continue upon any sale or
other conveyance of any building, structure or land without
approval by the Board of Zoning and Building Appeals upon
application as set forth in Section 1149.03.
1149.07 REPAIRS AND MAINTENANCE.
Repairs and maintenance work as required to keep structures in sound condition
may be made to a nonconforming building or structure, provided the total cost of
structural repairs and maintenance shall not, during its life subsequent to the date of its
becoming a nonconforming use, exceed sixty percent (60%of t)he assessed value of
the building or structure for tax purposes at such a date, unless such building or structure is permanently changed to a conforming use.
1149.08 REPAIR AND REPLACEMENT OF NONCONFORMING USES.
A nonconforming use shall terminate when the structure it occupies is damaged
and the estimated cost to repair exceeds sixty percent 6( 0%of t)he assessed value for
tax purposes. When the cost of repairs to a nonconforming use is less than sixty
percent 6( 0%of t)he assessed value for tax purposes, that nonconforming use may be
restored provided such restoration is begun within six months from the time of damage.
Failure to begin such restoration within six months from the date of damage shall
terminate the nonconforming use.
1149.10 CHANGE OF USE
a) Whenever as a consequence of rezoning any building,
structure or land becomes nonconforming in its use and the
owner of such property determines to request a change to a
designated conforming use of such building, structure or land, the
owner may submit a Change of Use application to the Planning Commission.
b) Upon application for a Change of Use, the Planning
Commission shall consider the proposed use of the building,
structure or land in the context of (1)all requirements of the
Codified Ordinances for such proposed use, ( 2)the limitations
imposed or inherent as a consequence of the previous zoning
or use, and (3)the use of surrounding and/ or adjacent
property.
c) The Planning Commission shall not recommend that a Change of Use be granted unless all of the requirements of the
Codified Ordinances for such a use are met. Should the
Planning Commission determine that a Change of Use is -
appropriate and would be granted except for the requirement
of variances relative to a proposed use, the Planning
Commission shall refer the matter to the Board of Zoning and Building Appeals together with any findings of fact made and recommendations relative thereto.
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d) Where the Planning Commission determines a Change of Use
is appropriate and no variances are needed, the Commission
shall recommend that the Zoning Inspector issue the Change
of Use.
e) Should there arise a conflict between the Planning
Commission and the Board of Zoning and Building Appeals as
to findings of fact, then the matter shall be referred to Council
for resolution.
Section 11: This Ordinance shall take effect and be in full force upon the earliest date
allowed by law.
Passed this
Attest:
Clerk of Council
Approved as to Form:
Law Director
day of
Mayor
1995.
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