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Canton Township Washington County
City Zoning Code

PART 24

NONCONFORMITY REGULATIONS

§ 27-2401 Continuance of Nonconformities.

[Ord. No. 4-2022, 6/9/2022]
Except as otherwise provided in this chapter, the use of land, buildings and structures that legally existed prior to the adoption of this chapter but which does not conform to the provisions of this chapter may be continued, provided that no permit or other action has been taken to change or replace the nonconforming use with a conforming one.

§ 27-2402 Expansion or Alteration of Nonconforming Uses of Land, Buildings or Structures.

[Ord. No. 4-2022, 6/9/2022]
An expansion of a nonconforming use of land, building or structure shall only be permitted if the proposed expansion:
1. 
Is limited to an increase of floor area or land use area of 25% or less than the floor area or land use area which existed at the time of this chapter.
2. 
Is confined to the lot on which it was located.
3. 
Does not violate any parking, loading, minimum area, height, vegetative cover, impervious cover, floodplain and/or buffer requirements set forth in this chapter, unless additional relief is requested and approved by the Zoning Hearing Board.
4. 
Existing nonconforming uses of land, buildings or structures that encroach upon current minimum front, rear or side yard areas may be expanded, provided the expansion is attached to the existing nonconforming use of land, building or structure. The expansion may be extended into the nonconforming yard area, provided the extension does not worsen the existing encroachment; and that such encroachment into a normally required yard area shall be limited to an increase of 75% of the horizontal length of the building wall, or other use area, that encroaches into the yard area. In the side and rear yards, the encroachment shall be limited to 75% of the vertical height of the existing encroachment. The amount of existing encroachment and the proposed encroachment shall be measured along a line parallel to the lot line adjacent to the yard area being encroached upon.

§ 27-2403 Substitution of Nonconforming Uses.

[Ord. No. 4-2022, 6/9/2022]
The Township Zoning Hearing Board may grant a special exception to substitute a nonconforming use of land, building or structures with another nonconforming use of land, buildings or structures if the applicant can demonstrate to the Township Zoning Hearing Board's satisfaction that the proposed nonconformity is no more detrimental to the area than the existing nonconformity; that the proposed nonconforming use would cause no new nonconformities, except for use. The Township Zoning Hearing Board may attach reasonable conditions to the grant of this special exception to ensure that the new nonconforming use remains no more detrimental to the area than the existing nonconforming use was.

§ 27-2404 Restoration of Nonconforming Buildings, Structures and Land Use.

[Ord. No. 4-2022, 6/9/2022]
A nonconforming building, structure or land use which is partially damaged or entirely destroyed by accident or on purpose, may be replaced or expanded in conformance with § 27-2402 and shall be used for the same use as legally existed prior to the damage or destruction, provided that the replacement building, structure or land use shall create no new nonconformities. Such restoration must commence within six months of the time of damage or destruction and must be completed within 18 months of the damage or destruction, unless the Township Zoning Hearing Board grants an extension for these time limits on the basis of such restoration not being practical or possible within the time limits herein prescribed. Any nonconforming building, structure, or land use located within the Floodplain Overlay District must also comply with the applicable floodplain requirements. Applications to alter these time limitations for commencement of restoration shall be filed no later than six months after the time of damage or destruction.

§ 27-2405 Reversion of Nonconformity.

[Ord. No. 4-2022, 6/9/2022]
No nonconformity shall, after having been changed to conform to the regulations of this chapter, be permitted to revert to the original or any other nonconformity. In the event that a nonconforming use has been discontinued for a period of 12 months it shall no longer be permitted as nonconforming.

§ 27-2406 Certain Existing Uses Declared Nonconforming Uses.

[Ord. No. 4-2022, 6/9/2022]
Existing uses that were established prior to any zoning changes that are now no longer an approved use in that district becomes an existing nonconforming use, and may be expanded, altered or restored only in conformity with the provisions of this article, based on the conditions of § 27-2402.