Brighton Township City Zoning Code
ARTICLE XVI
Nonconforming Lots, Structures and Uses
§ 195-138 Term defined.
A nonconforming lot, structure or use is the lawful employment or occupancy of a land area, building or structure which was in existence prior to the enactment of this chapter and all amendments thereto, but does not comply with the present provisions of this chapter or amendments hereafter enacted.
§ 195-139 Permitted continuation.
A.
A nonconforming lot, structure or use may continue, be bought or sold, altered, restored or extended subject to the provisions of this article even though such lot, structure or use does not conform to the regulations established for the zoning district in which it is located.
B.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a permit has been issued and the construction of which shall have diligently pursued within two months of the date of such permit and the ground story framework of which shall have been completed within four months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of the permit.
§ 195-140 Nonconforming lots.
A.
In any zoning district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory structures may be erected on any single nonconforming lot if the lot is in separate ownership and not of continuous frontage with other lots in the same ownership (provided that other requirements not involving lot area or lot width shall conform to the regulations for the zoning district in which such lot is located). This provision shall apply even though such lot fails to meet the requirements for lot area or lot width that are generally applicable in the zoning district. Variation of yard requirements shall be obtained only through action of the Zoning Hearing Board as provided for by § 195-157, Variance.
B.
Where two or more such nonconforming lots of record abut each other and are in single ownership, they shall be combined prior to development to effect a more conforming situation.
§ 195-141 Nonconforming use of a lot.
Where, at the effective date of adoption or amendment of this chapter, a lawful use of a lot exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No nonconforming use of a lot shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this chapter.
B.
No nonconforming use of a lot shall be changed to another type of nonconforming use unless such new use is considered by the Zoning Hearing Board to be less nonconforming than the original use.
C.
No nonresidential nonconforming use of a lot shall be enlarged or increased or extended to occupy a greater area of a lot than was occupied at the effective date of adoption or amendment of this chapter, unless a special exception shall be obtained through action of the Zoning Hearing Board as provided for by § 195-157.1, Uses by special exception, and subject to the following:
(1)
The extension does not encroach upon the lot area requirements, minimum setbacks, zoning or land development requirements of the district in which the nonconforming use is presently located.
(2)
The extension is for the purpose of expanding the nonconforming use which was in existence at the time of the adoption of this chapter.
(3)
Such extension does not result in an increase in total lot use area of more than 50% of the original lot use area.
(4)
The extension is in the discretion of the Zoning Hearing Board interpreted to be necessary by the natural expansion and growth of trade of the nonconforming use.
(5)
Adequate parking can be provided in conformance with this chapter to serve both the original and expanded use.
(6)
Such expansion does not present a threat to the health or safety of the community or its residents.
D.
A residential nonconforming use of a lot located within a commercial or other nonresidential zoning district may be enlarged or increased or extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of this chapter, subject to compliance with the yard requirements of Article VI, R-2 Agricultural Residential District.
§ 195-142 Nonconforming use of a structure.
Where, at the effective date of adoption or amendment of this chapter, a lawful use of a structure, or of a structure and lot in combination, exists that is made no longer permissible in the Zoning District under the terms of this chapter as enacted or amended, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
A.
No nonconforming use of a structure, or of a structure and lot in combination, shall be changed to another type of nonconforming use unless such new use is considered by the Zoning Hearing Board to be less nonconforming than the original use.
B.
A nonconforming use of a structure may be extended throughout any part of a structure that was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any lot or portion of a lot outside such structure.
C.
No nonconforming use of a structure, or of a structure and lot in combination, shall be enlarged, extended, constructed, reconstructed or moved unless a special exception shall be obtained through action of the Zoning Hearing Board as provided for by § 195-157.1, Uses by special exception, and subject to the following:
(1)
The extension does not encroach upon the lot area requirements, minimum setbacks, the maximum building height requirements or other zoning and land development requirements of the district in which the nonconforming use is presently located.
(2)
The extension is for the purpose of expanding the nonconforming use which was in existence at the time of the adoption of this chapter.
(3)
Such extension does not result in an increase in total floor area or lot use area of more than 50% of the original floor area or lot area.
(4)
Adequate parking can be provided in conformance with this chapter to serve both the original and expanded use.
(5)
Such expansion does not present a threat to the health or safety of the community or its residents.
D.
Nothing in this section shall prevent the strengthening or restoring to a safe condition of any portion of a building declared unsafe by a proper authority.
§ 195-143 Nonconforming structure.
A.
Where, at the effective date of adoption or amendment of this section, a lawful structure exists that could not be built under the requirements of this chapter, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1)
No commercial or other nonresidential use structure may be enlarged or otherwise have any structural alterations made to it in a way that increases its nonconformity unless approved by action of the Zoning Hearing Board as provided for by § 195-157, Variance. A residential structure may be enlarged or otherwise have structural alterations made to it that increases its nonconformity, subject to the following restrictions:
(a)
The addition or structural alteration does not increase the nonconformity by being closer to the property line, thereby reducing the setback of the structure; and
(b)
The existing structure being enlarged through addition or structural alteration meets the following criteria:
[1]
The front yard is not less than 80% of the front yard setback requirement for the zoning district in which it is located.
[2]
The rear yard is not less than 70% of the rear yard setback requirement for the zoning district in which it is located.
[3]
The side yard is not less than 60% of the side yard setback requirement for the zoning district in which it is located.
(2)
A nonconforming structure may be altered or improved within the confines of the existing buildings.
(3)
A nonconforming structure that has a nonconforming use may be altered to the extent necessary if such alteration is intended and will result in the conversion of the use of the structure to a conforming use.
(4)
A nonconforming structure which is damaged by fire, explosion, flood or other casualty to the extent of 100% of its value (exclusive of walls below grade) at the date of the damage as determined by fair market value of the building and which does not comply with the yard requirements or height regulations of the chapter shall not be restored except in conformity with the regulations for the zoning district in which such building is located.
(5)
A nonconforming building destroyed to the extent of less than 100% by fire, explosion, flood or other casualty or legally condemned may be reconstructed and used for the same nonconforming use, provided that:
(a)
The reconstructed building shall not exceed in height, area or volume the building destroyed or condemned; and
(b)
Building reconstruction shall be commenced within one year from the date the building was destroyed or condemned, shall comply with applicable building codes in effect at the time of reconstruction and shall be completed without interruption.
B.
Nothing in this section shall prevent the strengthening or restoring to a safe condition of any portion of a building declared unsafe by a proper authority.
§ 195-144 Abandonment.
A.
The nonconforming use of a structure or lot on which a nonconforming use has been changed by an authorized or permitted use shall thereafter conform to the regulations for the zoning district in which the structure or lot is located, and the nonconforming use may not thereafter be resumed.
B.
A nonconforming use of a structure or structure and lot in combination shall be considered abandoned when one of the following conditions exists:
(1)
When the intent of the owner to discontinue the use is apparent either by vacation of the structure or lot, cessation of activity or by formal application for a change of use or demolition.
(2)
When the characteristic equipment and furnishings of the nonconforming use have been removed from the structure or lot and have not been replaced by similar equipment within six months, unless other facts show intention to resume the nonconforming use.
(3)
When a nonconforming use has been discontinued for a period of one year.
(4)
When it has been replaced by a conforming use.
(5)
When it has been changed to a use permitted as a special exception by the Zoning Hearing Board.
C.
Any nonconforming use of a sign or outdoor advertising device which is discontinued or for which the face is not replaced or not used for six months shall not be resumed, and if any nonconforming sign or outdoor advertising device is removed, it shall not be reconstructed.
§ 195-145 Registration.
The Zoning Officer shall prepare a list registering all nonconforming uses, lots or structures existing at the time of the legal enactment of this chapter. Said list shall include a general description of the nature and extent of the nonconformity and may include photographs as documentation. Further, said list shall be maintained for public use and information.