Green Township City Zoning Code
ARTICLE XVIII
Nonconforming Buildings and Uses
§ 30-80.1 Continuance of Use or Structure.
[1979 Code § 64-123; Ord. No. 14-95; Ord. No. 10-97 § 84; Ord. No. 2010-06; Ord. No. 2017-02]
Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:
a.
Such building shall in no case be enlarged, unless the use therein is changed to a conforming use; provided, however, that the provisions of this subsection shall not apply to an existing residence located in a nonresidential zone wherein residential uses are prohibited. Such an existing residence may be extended or enlarged, provided that the yard requirements of the residential zone whose minimum lot size requirement most closely approximates the area of the residential lot are met.
b.
A nonconforming use shall not be extended at the expense of a conforming use.
c.
A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.
d.
A nonconforming use shall not be permitted to be changed to another nonconforming use.
e.
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. When such nonconforming use is to be reactivated, the owner or his agent shall make application to the Planning Board for a determination as to the status of such use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter, except that such shall not apply to a nonconforming use because of height and area violations.
f.
A building which is conforming in use, but violates the yard setback or height requirements, may not be extended within any required yard or setback area nor extended above the height limits of this chapter.
g.
Structures Permitted Within Required Open Spaces. Balconies and uncovered decks attached and unattached to residences may project into required open spaces provided the structure doesn't exceed 280 square feet in total area, is not enclosed above or below and does not extend any closer than 25 feet from the side line and is not closer than 25 feet from the rear line.
§ 30-80.2 Restoration of Existing Buildings.
[1979 Code § 64-124; Ord. No. 2017-02]
Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such manner as to not further violate the reasons for nonconformity. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.
§ 30-80.3 Completion of Existing Buildings.
[1979 Code § 64-125; Ord. No. 2017-02]
Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and construction diligently prosecuted within 12 months of the date of such permit.
§ 30-80.4 Unlawful Use Not Authorized.
[1979 Code § 64-126; Ord. No. 2017-02]
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 30-80.5 Nonconformance Due to Reclassification.
[1979 Code § 64-127; Ord. No. 2017-02]
The foregoing provisions of this Article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.
§ 30-80.6 Date of Nonconformance.
[1979 Code § 64-128; Ord. No. 2017-02]
In all cases, the nature and extent of nonconforming uses shall be determined as of the date that such use became nonconforming, whether by reason of the adoption of this chapter or of any previous chapter or amendment.