Label
Zoning & Planning Committee
Title
Amending Toledo Municipal Code ("TMC"), Part Eleven, Chapter 1114.0205.A.2, Loss of Legal Nonconforming Status; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Amending the Toledo Municipal Code Section 1114.0205.A.2 which pertains to the loss of a legal nonconforming land use status. Once a nonconforming use is abandoned, the use's nonconforming status is lost and any subsequent use of the property must comply with the regulations of the zoning district in which it is located. Currently, a nonconforming use is considered abandoned when one of the following occurs:
1. The intent of the owner to discontinue the use is apparent;
2. The use has been voluntarily discontinued for a period of 1 year or more,
3. The characteristic equipment and furnishings associated with the nonconforming use have been removed from the premises and have not been replaced by similar equipment and furnishings within 1 year, unless other facts show intention to resume the non-conforming use;
4. The nonconforming use has been replaced by a conforming use;
5. The nonconforming use has been changed to another use in accordance with Sec. 1114.0203; or
6. A building permit to reconstruct a damaged nonconforming use has not been secured within 1 year of the date of occurrence of such damage, or construction has not been diligently pursued.
Plan Commission staff has concerns about business owners who have technically met these requirements by opening their business for extremely short durations once a year, and therefore are able to maintain their legal nonconforming status, even though the vast majority of the year the business is vacant and not in operation.
Research shows that numerous jurisdictions across the country include the requirement that a legal nonconforming use must be "continuously operated" in order for it to keep grandfathered status. However, Ohio Revised Code Section 713.15 states that "...if any such nonconfo...
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