Article 1307 NONCONFORMING USES AND STRUCTURES

Article 1307
NONCONFORMING USES AND STRUCTURES

Sections:

1307.01 Nonconforming uses and structures.

The following provisions shall apply to all nonconforming uses and structures. It is the intention of the City of Meadville that all legal nonconforming uses and structures shall be able to continue; however, all changes in such uses shall only be as allowed in this article.

(A) Any nonconforming use may be continued, but may not be extended or expanded unless to a conforming use, except as permitted by the board in accordance with the provisions of this code.

(B) Any nonconforming building or use which has been damaged or destroyed by fire, casualty, deterioration resulting from age and wear, or any other means may be reconstructed and used as before, if such reconstruction is performed within 12 months of the date use of the building was discontinued, if discontinued; if the restored building or use covers no greater area and contains no greater cubic content; and if the restored building or use poses no health or safety threat or hazard.

(C) If a nonconforming structure is re-occupied by any lawful use within that district which involves no physical change to the structure’s dimensions, all yard, lot and area requirements shall be waived. Yard, lot and area requirements shall apply to nonconforming use or structure changes requiring a special exception.

(D) In the event that any nonconforming use, conducted in a structure ceases, for voluntary reasons, for a period of one year, such nonconforming use shall not be resumed and any further use shall be in conformity with the provisions of this code.

(E) The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this code.

(F) A nonconforming use may be changed to a different nonconforming use with the approval of the board as a special exception; provided, that the board finds the new use less potentially injurious to the health, safety and welfare of its neighborhood, and more consistent with the permitted uses within the zoning district.

(G) A building or structure hosting a nonconforming use may, with the approval of the board as a special exception, be extended, enlarged or replaced if the floor area of the additional or expanded building space is less than 50 percent of the floor area of the building occupied by the nonconforming use before the expansion or enlargement.

(H) Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of the ordinance codified in this code and where construction is completed within six months from the date of issuance of the permit.

(I) Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

(J) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, this article shall also apply to any use which thereby becomes nonconforming. (Ord. 3618 § 18, 2005; Ord. 3578 § 20, 2001; Ord. 3384 § 2, 1994)

1307.02 Existing lots of record.

The following provisions shall apply to all lots of record as defined. It is the intention of the City of Meadville that the side and rear yard requirements of this zoning code should not prevent the reasonable use of a lot of record.

(A) Any lot of record existing at the effective date of the ordinance codified in this code, and held in separate ownership different from the ownership of adjoining lots, may be used for the erection of a structure conforming to the use regulations of the district in which it is located even though its lot area and width are less than the minimum required by this code. However, such lot must comply with the yard, height and coverage standards of the zoning district wherein it is located. However, to prevent the overcrowding of housing, any land or building to be developed as multiple-family dwellings must conform to all area, height and yard regulations for the district in which it is located.

(B) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the ordinance codified in this code, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this code.

(C) No division of any parcel shall be made which creates a lot width or area below the requirements for its current or intended use and zoning district as stated in this code except as permitted in Article 1307.02(E).

(D) No provisions of this zoning code relating to side and rear yard requirements shall prevent the reasonable use of a lot of record. The zoning administrator, upon request, may grant a reduction in requirement for side yards and rear yards for lots of record which lack required lot width and/or required lot area. However, in no event may such yards be reduced by more than 50 percent required by the lot regulations for its district without approval of the zoning hearing board.

(E) An action, whether purchase, subdivision, consolidation deed or otherwise, that creates from lots of record one or more larger lots, whether or not the resulting lots conform with the lot provisions of this code in effect at the time of the action, shall be permitted. All other lot provisions shall apply to the resulting lots. (Ord. 3716 § 6, 2012; Ord. 3384 § 2, 1994)