Eldred Township City Zoning Code
ARTICLE IX
Nonconformities
§ 250-900 Nonconforming uses and structures.
Any nonconforming use or structure legally existing at the time of adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued, altered, reconstructed, changed, sold, or maintained even though it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed, discontinued, or abandoned. (See § 250-901 for nonconforming lots.)
A.
General application of provisions. Nothing herein shall require any change in plans, construction, or designated use of a building or structure which complies with existing laws or for which a zoning permit was granted and/or where the construction shall have started before the date of adoption of this chapter or applicable amendment thereto.
B.
Abandonment. If any nonconforming use or building or structure occupied by a nonconforming use is abandoned for a period of one year, the future use of such building or land shall be in conformity with the district regulations. A nonconforming use shall be judged to be abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
C.
Repairs, restoration, and reconstruction.
(1)
Exterior repairs, nonstructural alterations, structural alterations not increasing the gross floor area of the building or structure, and other general maintenance adjustments may be made to a nonconforming building or structure, or a building or structure occupied by a nonconforming use, but such repairs and adjustments shall be subject to all applicable zoning permit requirements. (See § 250-1202.)
(2)
Where less than 50% of the volume or gross floor area of a nonconforming use or a building or structure occupied by a nonconforming use is damaged by fire, flood or other natural cause, that building or structure may be reconstructed, restored and used as before, provided that:
(a)
The Zoning Officer approves the application for restoration as meeting the requirements of this chapter;
(b)
The proposed restoration does not exceed the size, bulk, height and area of the building or structure which existed prior to the damage;
(c)
The location of the restoration does not create a safety hazard;
(d)
The restoration will comply with all floodproofing requirements of § 250-604 of this chapter where the nonconformity is located in any identified floodplain district; and
(e)
Said restoration will be completed within the time limits allowed for a Township zoning permit.
(3)
Where 50% or more of the volume or gross floor area of a nonconforming use or building or structure occupied by a nonconforming use is damaged or destroyed by fire, flood, or other natural cause, that building or structure may be reconstructed, restored, and used as before, provided that:
(a)
The Zoning Hearing Board approves said reconstruction or restoration;
(b)
Said reconstruction commences within one year of the damage, or within such additional time as may be authorized by the Zoning Hearing Board for due cause;
(c)
Said reconstruction shall not exceed the size, bulk, height, and area that existed prior to the damage, unless approved by the Zoning Hearing Board;
(d)
The location of such reconstruction does not create a safety hazard, as determined by the Zoning Hearing Board; and
(e)
Where the nonconformity is located in any identified floodplain district, all new construction shall comply with the floodproofing requirements of §§ 250-602 and 250-604 of this chapter.
D.
Extensions and enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout the interior of the building provided that no structural alterations increasing the gross floor area are made therein. Prior to the initiation of any such extension however, a zoning permit shall be obtained from the Township Zoning Officer.
(2)
Zoning Hearing Board.
(a)
Exterior structural alterations proposed to extend or enlarge a nonconforming building or structure or building or structure occupied by a nonconforming use may be approved by the Zoning Hearing Board provided that:
[1]
The extension or enlargement does not extend the structure or use beyond the remainder of the lot or parcel as it existed at the effective date of this chapter, nor extend the structure or use by an aggregate total of more than 25% of the gross floor area occupied by the use at the time it became nonconforming;
[2]
The extension or enlargement conforms to the yard, height and other requirements of the district in which it is located; and
[3]
In the case of a nonconforming use, the extension is attached or contiguous to the existing nonconforming use.
(b)
In reviewing applications for extensions or enlargements, the Zoning Hearing Board shall give due consideration to the welfare of the community in its entirety and may attach such reasonable conditions and safeguards as they deem appropriate to implement the purposes of this chapter.
(3)
For nonconforming uses whose normal operations involve land area expansion (i.e. quarries, cemeteries, or similar uses), expansion shall be permitted by right up to 25% of the volume or area of the nonconformity which existed at the effective date of this chapter. For expansion beyond 25%, approval must be obtained from the Zoning Hearing Board.
(4)
Any nonconforming building or structure or building or structure occupied by a nonconforming use which is moved for any reason shall meet all requirements of the district in which it is to be located.
E.
Change of use.
(1)
The change of a nonconforming use of a building, structure or land to a nonconforming use of the same or a more restricted classification may be approved by the Zoning Hearing Board, provided that the applicant can show that the proposed change will be no more objectionable in external effect than the existing nonconforming use with respect to:
(2)
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
F.
Application to agricultural structures. The regulations governing nonconformities set forth in this section shall not apply to agricultural structures when such structures are part of an active agricultural use. An active farm situated in a zone where agricultural activities become nonconforming as a result of adoption of this chapter shall also be exempt from these provisions. It is not the intent of these regulations to create hardships for ongoing agricultural activities.
G.
Certification. A certificate of nonconformance shall be issued by the Zoning Officer for all nonconforming uses or structures, upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the effective date of this chapter.
§ 250-901 Nonconforming lots.
Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter, may be continued and/or maintained even though it does not conform to the regulations of the district in which it is located. It is not the intent of this chapter to be overly restrictive or to cause a hardship for any property owner, but rather to allow these nonconforming lots to continue until they are eliminated as single entities, possibly through the addition of such lots to adjacent property.
A.
Discontinuance/lot changes. Any nonconforming lot which is discontinued or becomes conforming through its addition to adjacent land shall not hereafter be changed back to a nonconforming lot.
B.
Existing undeveloped lots of record. In the case of a lot of record which existed at the effective date of this chapter which can not accommodate a principal structure and meet the standards of the district where it is located, a permitted structure may be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to form a conforming lot;
(2)
All applicable front, side and rear yard requirements can be met, unless approved as a variance by the Zoning Hearing Board;
(3)
Where needed, the site has an approved sewage disposal system or an appropriate sewage permit; and
(4)
Provided that the site and its intended use complies with all other applicable provisions of this chapter.
C.
Certification. A certificate of nonconformance shall be issued by the Zoning Officer for all nonconforming lots, upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the effective date of this chapter.