Fair Haven Village City Zoning Code
ARTICLE VII
Nonconforming Structures and Uses
§ 150-19 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional regulation prescribed by this chapter for the district in which it is located or to regulations for signs, off-street parking, off-street loading or accessory buildings, but which structure or lot was in existence at the effective date of this chapter and was lawful at the time it was established.
NONCONFORMING USE
A use of a building or lot that does not conform to a use regulation prescribed by this chapter for the district in which it is located, but which was in existence at the effective date of this chapter and was lawful at the time it was established.
§ 150-20 Continuation of existing structures and uses.
The lawful use of any structure or land existing at the effective time of this chapter may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.
§ 150-21 Alteration or extension of existing structures or uses.
A.
A use of land or structure which does not conform to the regulations of this chapter shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such change shall be permitted only by special permit.
(2)
Such alteration or extension shall be permitted only upon the same lot as in existence at the date the use became nonconforming.
(3)
Any increase in volume, area or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
B.
A structure which does not conform to the regulations of this chapter may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became a nonconformity, except as provided that the use of the structure also falls under Subsection A of this section and any change shall be subject to the provisions of that subsection.
§ 150-22 Restoration of damaged structures.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 75% or less of the fair market value may be constructed, repaired or used for the same nonconforming use, subject to the following provisions:
A.
The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided in this chapter.
B.
Reconstruction shall begin within six months from the date of damage and shall be carried on without interruption.
§ 150-23 Abandonment of nonconforming uses.
Whenever a nonconforming use has been discontinued for one full year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 150-24 Reversions to nonconforming use unlawful; change of nonconforming use restricted.
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 these conditions:
A.
Such change shall be permitted only by special permit.
B.
The applicant shall show that the nonconforming use can not reasonably be changed to a use permitted in the district where such nonconforming use is located.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(1)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(2)
Noise, smoke, dust, noxious matter, heat, glare and vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
§ 150-25 Displacement of conforming use unlawful.
No nonconforming use shall be extended to displace a conforming use.
§ 150-26 Change in district boundaries.
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 or resulting form such change of district.
§ 150-27 Zoning permit required; contents of permit.
Zoning permits shall be issued by the Zoning Officer for all lawful nonconforming uses existing at the effective date of this chapter. The zoning permit shall include a statement that the use is nonconforming and shall list the specific conditions under which said use may continue.
§ 150-28 Nonconforming lots of record.
Lots duly noted upon the tax rolls of the Village at the time of enactment of this chapter shall be deemed to be nonconforming lots of record.