Foster Township City Zoning Code
ARTICLE IX
Nonconforming Lots, Uses Structures and Buildings
§ 255-901 Intent.
Within the zoning districts established by this chapter or subsequent amendments thereto, there may exist or will exist certain nonconforming uses of structures and/or land which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such uses would be prohibited, regulated or restricted under the terms and provisions of this chapter or subsequent amendments thereto.
§ 255-902 Definitions.
For the purposes of this chapter, nonconformities shall be defined and classified by types, as follows:
A use, whether of land or a structure, which does not comply with the applicable use provisions in this chapter or in an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or such amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or in an amendment hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or such amendment. Nonconforming structures shall include, but are not limited to, nonconforming signs.
The bulk of a structure which does not comply with the applicable size, height or other bulk provisions in this chapter or in an amendment hereafter enacted, where such structure lawfully existed in compliance with such provisions prior to the enactment of this chapter or such amendment.
That aspect of a structure or use on a zoning lot which is not in compliance with the applicable yard, coverage or other area provisions in this chapter or in an amendment hereafter enacted, where such structure or use lawfully existed in compliance with such requirements prior to the enactment of this chapter or such amendment.
A lot of record legally existing as of the date on which this chapter was adopted or amended, which does not conform to the applicable area, frontage, width, or depth requirements established by this chapter for the zoning district in which it is located.
§ 255-903 Nonconforming lots of record.
In any zoning district, structures, both principal and accessory, maybe erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions or regulations of this chapter, even though such lots fail to meet the requirements for the area and/or width of the zoning district in which such lot is located. The erection of a structure on such a lot shall, however, conform to front, rear and side yard requirements for the zoning district in which such lot is located. Variances from the aforementioned yard requirements may be obtained only through action of the Zoning Hearing Board.
§ 255-904 Continuation.
Nonconforming uses, nonconforming structures, bulk nonconformities and area nonconformities may be continued except as otherwise set forth in this article, but no nonconforming use or structure shall be enlarged, reconstructed, structurally altered or changed except as permitted by the provisions of this article.
§ 255-905 Certificate of nonconformity.
The owner or occupant of the premises occupied by a nonconforming use or structure may apply for a certificate of nonconformity from the Zoning Officer. The owner or occupant shall bear the sole responsibility to provide required documentation to substantiate the issuance of a certificate of nonconformity. The Zoning Officer may issue a certificate of nonconformity where he finds that a use or structure, although not in compliance with the requirements presently applicable thereto, is a nonconforming use or structure.
§ 255-906 Changes of nonconforming uses and structures.
Nonconforming uses and structures shall be changed only in accordance with the following subsections:
A.
A nonconforming use or structure shall not be extended to displace a conforming use or structure.
B.
Structures, buildings or uses, either main or accessory, shall not be combined for the purpose of extending a nonconforming use or creating a different nonconforming use.
C.
When authorized by the Zoning Hearing Board as a special exception, a nonconforming use may be changed to another nonconforming use if the Board finds that all of the following standards are met:
(1)
The proposed change shall be less objectionable in external effects than the previous nonconforming use and will be more consistent physically with its surroundings.
(2)
There will be no increase in traffic generation or congestion, including both vehicular and pedestrian traffic.
(3)
There will be no increase in the danger of fire or explosion.
(4)
There will be no increase in noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration or electrical disturbances.
(5)
There will be no increased threat to health by reason of rodent infestation or otherwise.
(6)
There will be no reduction in minimum lot area requirements as a result of the proposed change.
§ 255-907 Enlargement of nonconforming use or structure.
A nonconforming structure or a nonconforming use shall not be enlarged except as a special exception authorized by the Zoning Hearing Board in accordance with the following:
A.
The enlargement will not replace a conforming use.
B.
Nonconforming structure or nonconforming use. The area subject to a proposed expansion shall after enlargement conform to all area and bulk requirements applicable to conforming buildings in the zone in which it is located and to all applicable off-street parking and loading requirements.
C.
The floor or land area of a nonconforming structure or use shall be enlarged not more than 25% of the floor or land area as it existed at the time the structure or use first became nonconforming.
D.
Not more than one enlargement of a nonconforming use shall be permitted.
E.
A nonconforming structure or use shall not be enlarged beyond the limits of the zoning lot on which it is located. Expansion to an adjoining lot is prohibited.
F.
A structure containing residential dwelling uses, both conforming and nonconforming, shall not be enlarged to increase the number of dwelling units unless in full compliance with all other applicable provisions of this chapter
§ 255-908 Repair and rehabilitation.
Nonconforming structures and structures containing nonconforming uses maybe normally maintained and repaired, provided that there is no alteration which extends the area occupied by the nonconforming use. A structure containing nonconforming residential uses may be altered to improve interior livability, subject to no structural alterations which would increase the number of dwelling units or the bulk of the building.
§ 255-909 Restoration of use and/or structure.
A.
A nonconforming use and/or structure which has been damaged or destroyed by fire, explosion, windstorm, flood or other similar act or cause to the extent of more than 60% of its reproduction value at the time of the damage shall not be restored except in conformity with the regulations of the zoning district in which it is located.
B.
When damage is less than 60% of its reproduction value, a nonconforming building or other structure may be repaired or reconstructed and used as before the time of the damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
C.
A conforming residential use which is constructed on a lot that is nonconforming with respect to lot area, lot width, and/or yard areas may be reconstructed on the same lot, subject to receiving approval from the Zoning Hearing Board for any necessary variances.
§ 255-910 Termination of nonconforming use and/or structure.
A.
Nonconforming use and/or structure. A nonconforming use and/or structure shall not be reconstructed when damaged to an extent greater than 60% of its reproduction value at the time of the damage, and said nonconforming use and/or structure shall be deemed terminated.
B.
Change of nonconforming use. Where a nonconforming use is changed into a conforming use, a nonconforming use shall not thereafter be resumed. A change of one nonconforming use, without approval by the Zoning Hearing Board, shall be considered an abandonment of the prior nonconforming use, which shall not thereafter be resumed.
C.
Abandonment of nonconforming use. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed to be abandoned if it is changed as set forth in § 255-910B or if it is discontinued for a period of one year or more without substantial evidence of intent to resume the nonconforming use by documented overt actions.
D.
Unsafe structures. If a nonconforming structure containing a nonconforming use becomes physically and structurally unsafe due to the lack of maintenance or repairs and it has been legally condemned, it shall not thereafter be restored, repaired or rebuilt except in conformity with uses permitted within the zoning district in which such structure is located.