Allen Township City Zoning Code
PART 16
NONCONFORMITIES
§ 27-1600 Definitions.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1600]
1.
"Nonconforming use" means a use, whether of land or structure, which does not comply with applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the application of this chapter or amendment to its location by reason of annexation.
2.
"Nonconforming structure or lot" means a structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
§ 27-1601 Registration of Nonconforming Uses and Structures.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1601]
The Zoning Officer shall, upon adoption of this chapter or amendment, thereof, identify and register all nonconforming uses and structures. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record. The owner of record shall sign the forms, pay such fee as set forth in the Township's Fee Schedule, and return the original and one copy to the Zoning Officer within 60 days.
§ 27-1602 Continuation.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1602]
The lawful use of a building or structure, or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this chapter or subsequent amendments.
§ 27-1603 Extension or Alteration.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1603; as amended by Ord. 2007-04, 11/8/2007]
1.
Nonconforming structures may be altered, extended, reconstructed, or enlarged provided that such alteration, extension, reconstruction, or enlargement does not increase the floor area of the existing structure by more than 25% of the floor area in existence as of the effective date of the Allen Township Zoning Ordinance of 2000.
A.
An alteration, extension, reconstruction, or enlargement of a nonconforming structure which would increase the floor area by more than 25%, but less than 50% of the floor area in existence as of the effective date of the 2000 Zoning Ordinance shall be permitted only by a conditional use, provided that said conditional use is granted by the Board of Supervisors.
B.
In any event, no alteration, extension, reconstruction, or enlargement of a nonconforming structure may be made into any required yard area. In addition, any nonconforming structure which does not comply with the front, side, or rear yard requirements or lot width or maximum height in the district in which it is located, may be altered, extended, reconstructed or enlarged as provided in this section, provided said alteration, extension, reconstruction, or enlargement does not increase the front, side, or rear yard, or lot width or height nonconformity beyond its existing nonconformity.
2.
Nonconforming lots are subject to the applicable provisions of § 27-1417, Exceptions to Minimum Lot Size.
3.
Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
A.
Such alterations, reconstruction, extension, or enlargement may only be upon the same lot as in existence that the date the use becomes nonconforming, and shall be prohibited from encroaching of another parcel of land subsequently added to the original parcel.
B.
A nonconforming use may be altered, extended, reconstructed, or enlarged provided that said alteration, extension, reconstruction or enlargement does not increase the land area, of the existing use by more than 15% of the land area, in existence as of the effective date of the 2000 Zoning Ordinance.
C.
An alteration, extension, reconstruction, or enlargement of a nonconforming use which would increase the land area, by more than 15%, but less than 30% of the land area, in existence as of the effective date of 2000 Zoning Ordinance shall be permitted only by conditional use, provided that said conditional use is granted by the Board of Supervisors.
4.
Nonconforming structures, land uses, or signs that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in volume or area under this chapter.
§ 27-1604 Restoration.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1604]
A nonconforming building, or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood, or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be from the date the building was destroyed or condemned and shall be carried on without interruption. Any expansion of the original nonconformance shall be consistent with the provisions of § 27-1603, Subsection 3. The reconstructed or restored structure must meet all dimensional requirements, if physically possible on the lot.
§ 27-1605 Ownership.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1605]
It is the intent of this section to ensure that the level of nonconformity is not increased when a nonconforming use is transferred or sold. Whenever a lot, which is nonconforming by virtue of use, except agricultural land, or residential uses, is transferred or sold to a new owner, a previously nonconforming use may be continued by the new owner after review by the Board of Supervisors. The landowner shall prove that the level of nonconformity will not be increased or changed. Should the landowner propose any changes or alterations to the nonconforming use, the Board of Supervisors may impose conditions regarding layout, circulation, and performance it deems necessary to insure that the change or alteration is in the best interest of the Township, the convenience of the community, and the public welfare. The landowner may appeal such conditions subject to the provisions of § 27-2004 of this chapter.
§ 27-1606 Abandonment.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1606]
If a nonconforming use of a building, mobile home, or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 27-1607 Changes.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1607]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
A.
Such change will be permitted only as a conditional use by the Board of Supervisors.
B.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:
§ 27-1608 Nonconforming Lots in Single Ownership.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1608]
Whenever there exist two or more contiguous nonconforming lots in single ownership as of or subsequent to the effective date of this chapter, said lots shall be deemed to be consolidated where such a consolidation would create one or more conforming lots or minimize the nonconformity.
§ 27-1609 Performance Standards.
[Ord. 2000-03, 9/14/2000, Art. XVI, § 1609]
All nonconforming uses shall conform to the general performance standards and to those performance standards established for the district in which the use would be properly located if constructed after adoption of this chapter. Those nonconforming uses not clearly belonging in any one district or not provided for under this chapter shall be subject to the standards of the district most closely approaching their proper district or, if any, to the specific standards established for that particular nonconforming use.