Concord Township City Zoning Code
ARTICLE XXVI
Nonconforming Uses, Buildings, Lots
§ 210-226 Purpose.
A.
Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
B.
The regulations governing existing nonconforming uses are set forth in this article and are intended to provide a gradual remedy for the incompatibilities resulting from such nonconforming uses. While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses, thereby keeping them from becoming more permanent establishments in inappropriate locations.
C.
These regulations are thus designed to preserve the character of the districts established in this Zoning Code in the light of their peculiar suitability to particular uses, and thus to promote and protect health, safety and general welfare.
§ 210-227 Continuation of lawful nonconforming condition or use.
A.
Any lawful nonconforming condition or use of a building or lot existing at the effective date of this chapter (i.e., December 7, 1982), or any subsequent amendment hereto, or authorized by a building permit issued prior to the adoption of this chapter (i.e., December 7, 1982), may be continued, although such condition or use does not conform to the provisions of this chapter, if all other requirements governing the condition or use are complied with, and subject to the provisions of § 210-230 of this chapter.
[Amended 6-4-1991 by Ord. No. 181]
B.
Any lawful nonconforming condition or use of a building or lot existing at the effective date of this chapter or any subsequent amendment hereto or authorized by a building permit issued prior to the adoption of this chapter may be continued, although such condition of use does not conform to the provisions of this chapter, if all other requirements governing the condition or use are complied with.
§ 210-228 Extension or alteration.
A.
Nonconforming uses. A nonconforming use of a building or lot may be extended or enlarged either within an existing building or by an addition to it on the same lot, provided that:
(1)
Such extension shall be permitted only by special exception.
(2)
The extension conforms to all district regulations for buildings and lots.
(3)
The part of the building into which the use is to be extended has been manifestly arranged or designed for such use at the time such use became nonconforming.
(4)
The part of the lot into which the use is to be extended was reasonably held for future inclusion in such use at the time such use became nonconforming.
B.
Nonconforming lots.
(1)
A building may be erected or extended on any lot or contiguous lots held at the effective date of this chapter or any amendment thereto in single and separate ownership, which lot is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that the building shall comply with the front, side and rear yard requirements of the district in which such lot is situated, unless otherwise authorized as a special exception by the Zoning Hearing Board, and in any case where Zoning Hearing Board review is required, the building shall comply with the yard requirements of the district to the maximum extent practicable.
(2)
When two or more nonconforming lots with contiguous frontage are in single ownership, the Zoning Officer shall consider them a single piece of land, and use of it, or any portion of it, shall be in accordance with this chapter then in existence.
C.
Nonconforming buildings.
(1)
If use is conforming:
(a)
Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter.
(b)
If a nonconforming structure is moved wholly or partially within or off of the lot, the part moved must conform to the regulations of the district where it is moved.
(2)
If use is nonconforming:
(a)
The extension or alteration in the structure must meet the requirement for the extension or alteration of a nonconforming use, as given in Subsection A(1), (2), (3) and (4).
[Amended 3-5-1991 by Ord. No. 177[1]]
[1]
Editor's Note: Original Section 6203.C.2.b, which immediately followed this subsection, was repealed 1-5-1998 by Ord. No. 221.
§ 210-229 Restoration.
[Amended 3-5-1991 by Ord. No. 177]
A nonconforming structure that has been damaged by fire, wind, storm, lightning or a similar cause may be rebuilt if certain qualifications listed below are met; if the procedure listed below is followed; and if the criteria listed below are conformed to.
B.
Procedure to be followed in order to apply for restoration permission.
(1)
Plans for rebuilding shall be handled as provided for in the case of new construction, but before granting a building permit, permission to rebuild must be sought from the Township Council.
C.
Criteria to be followed.
(1)
If use is nonconforming, the reconstructed building cannot exceed the height, area and volume of the building destroyed. If the use is conforming, the reconstructed building may be built to any height, area or volume, provided that Township ordinances and codes are observed.
§ 210-230 Abandonment or discontinuance.
[Amended 2-5-1985 by Ord. No. 139; 3-5-1991 by Ord. No. 177; 6-4-1991 by Ord. No. 181]
A.
If a nonconforming lot or building is abandoned and not used for a continuous period of one year or more, subsequent use of such lot or building shall be in conformity with the then provisions of this chapter governing the district in which the lot or building is located.
B.
Abandonment of regulations shall not apply to agricultural uses.
C.
All nonconforming junk storage areas, storage areas and similar nonconforming use of open land, when discontinued for a period of 90 days, shall not be continued, repaired or reconstructed.
§ 210-231 Displacement.
[Amended 3-5-1991 by Ord. No. 177]
No nonconforming use shall be extended to displace a conforming use.
§ 210-232 Applicability to approved nonconforming plans.
[Amended 3-5-1991 by Ord. No. 177]
Nothing contained in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the adoption of this chapter or change in zoning district and the construction of which is begun within three months after such adoption of change and diligently carried on. The approved plans shall not be altered in any way to increase the nonconformity.
§ 210-233 Violations.
[Amended 3-5-1991 by Ord. No. 177]
A nonconforming building altered or erected or a nonconforming use created in violation of any previous provision shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by this article upon other nonconforming buildings and uses.
§ 210-234 Repairs and maintenance.
[Amended 3-5-1991 by Ord. No. 177]
A.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
C.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 210-235 District changes.
[Amended 3-5-1991 by Ord. No. 177]
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.