Hamilton Township Monroe County
City Zoning Code
City Zoning Code
ARTICLE XVIII
Nonconforming Uses
§ 150-121 General.
All lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, sold, or maintained, even though such use may not conform to the use, height, area, yard, or other regulations of the district in which it is located, providing such nonconforming uses shall comply with the provisions of this article.
§ 150-122 Alterations and reconstruction.
A.
Repairs and structural alterations, not constituting an extension, expansion, or enlargement, may be made to a nonconforming building or to a building occupied by a nonconforming use.
B.
A nonconforming building which is damaged by fire, explosion, or natural disaster may be rebuilt and used for the same purpose provided that:
(1)
The reconstruction of the building is commenced within one year from the date of the destruction of the building and is carried to completion within two years, unless an extension is granted as a special exception by the Zoning Hearing Board.
(2)
The reconstructed building does not exceed in height, area, and volume of the building destroyed.
§ 150-123 Continuation, extensions, expansions and enlargement.
A.
The Zoning Hearing Board may authorize, as a special exception, the following types of continuations, extension, expansions, and enlargements for nonconforming uses and buildings existing on the effective date this chapter was first adopted (January 3, 2000):
(1)
A nonconforming use may be continued by a parallel, similar or less-intensive nonconforming use.
(2)
The continuation, extension, expansion, or enlargement of a conforming building occupied by a nonconforming use.
(3)
The continuation, extension, expansion, or enlargement of a nonconforming building occupied by a nonconforming use.
(4)
The continuation, extension, expansion, or enlargement of such nonconforming building occupied by a conforming use.
B.
The foregoing continuation, extension, expansion, and enlargement of such nonconforming buildings or uses in Subsection A shall be subject to the following conditions:
(1)
The extension, expansion, or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which the use would be permitted as a matter of right.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XVII.
(3)
The extension, expansion, or enlargement does not replace a conforming use.
(4)
The extension, expansion, or enlargement of the nonconforming building or use shall not be permitted to extend onto land adjacent to the initial parcel of existing land occupied on the effective date of this chapter.
(5)
The extension, expansion, or enlargement of the nonconforming building or use shall not exceed an increase of 50% of the original volume or square feet of gross floor area of the nonconforming building or use. The original volume or area of the building or use is the original volume or area devoted to the building or use as it existed on the date such building or use became nonconforming.
§ 150-124 Change of use.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
§ 150-125 Discontinuance.
If a nonconforming use of a building or land ceases or is discontinued for a continuous period of one-year or more, the nonconforming status thereof shall be lost, and subsequent use of such building or land shall be in conformity with all the provisions of this article except in cases where the cessation or discontinuance was caused by circumstances beyond the control of the owner.
§ 150-126 Nonconforming lots.
A.
Any lot held in single and separate ownership at the effective date of this chapter which does not conform to one or more of the applicable area regulations in the district in which it is located shall be considered nonconforming. A building may be erected upon any vacant nonconforming lot provided a special exception is authorized by the Zoning Hearing Board, and further provided that the applicant does not own or control other adjoining property sufficient to comply with the provisions of this chapter. Such development shall comply with the following provisions: