Harris Township City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures, and Lots of Record
§ 12-8.1 Intent.
It is the intent of this chapter to recognize the right of nonconformities to continue, but to encourage that such lots, uses, and structures be brought into conformity with this chapter as soon as constitutionally permissible. To achieve this end, nonconformities are subject to the regulations set forth in this article.
§ 12-8.2 Nonconforming lots of record.
A.
In any district in which dwellings are permitted as primary uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such nonconforming lot must be in separate ownership and not abut other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are applicable in the district; provided that all other yard dimensions and requirements of the lot shall conform to the regulations for single-family detached dwellings in the Single-Family Residential District. Variance of yard setback requirements may be obtained only through action of the Zoning Hearing Board.
B.
If two or more abutting lots or combinations of abutting lots and portions of lots under the same ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for either lot width or area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with either lot width or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with either width or area below the requirements stated in this chapter.
C.
Lots which fail to meet either minimum width or area requirements may be expanded to include abutting lots under the same ownership.
§ 12-8.3 Nonconforming uses and structures.
Where a lawful use or structure exists which, on the effective date of this chapter or subsequent amendment thereto, becomes nonconforming, such use or structure may be continued as long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions:
A.
The existing nonconforming use shall not be changed to a different nonconforming use.
B.
No such nonconforming use or structure shall be altered or extended except if such complies with the following criteria and standards:
(1)
To provide for a natural expansion which is not detrimental to public health, safety, and general welfare, provided such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use.
(2)
Provided such does not constitute the addition of a new nonconforming use or structure.
(3)
Provided such does not decrease yards when such already fail to meet minimum yard setback areas.
(4)
Provided that the alteration or extension meets the district regulations for such use or structure as if same were being altered or extended in the district where such use is permitted. In cases where the use is permitted in two or more districts, the most restrictive district regulations shall apply.
C.
In the event that any nonconforming structure is destroyed or partially destroyed by any means to an extent of 75% or more of the replacement value less depreciation of such structure immediately preceding the casualty, such nonconforming structure and use thereof shall terminate and the lot shall thereafter be used only for conforming uses and structures.
D.
When a nonconforming use or structure is discontinued or abandoned for a period of one year or more continuously, or replaced by a conforming structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located, except if the use is a farm use as herein defined.
§ 12-8.4 Registration of nonconforming uses and structures.
In order to administer this article, the Zoning Officer shall identify and register nonconforming uses and structures.
§ 12-8.5 New construction.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual constructions, provided that work shall be carried on diligently.
§ 12-8.6 Nonconforming amounts of parking.
[Added 9-9-2024 by Ord. No. 369]
If a use or uses lawfully exist prior to the adoption of this section, do not conform to the number of parking spaces required by this article, and can demonstrate that no additional off-street parking can be provided on the property, the following provisions shall apply:
A.
The nonconformity shall be registered in accordance with § 12-8.4, Registration of nonconforming uses and structures. Such registration shall reflect the number of existing parking spaces, including any established through § 12-7.9A(2), the use or uses of the property, the required number of spaces for the existing uses, and the parking requirement(s) to which the use or uses are nonconforming.
B.
If the use or uses are expanded beyond their size or square footage following the registration of a nonconforming amount of parking, additional off-street parking shall be required for the expansion in accordance with the off-street parking requirements in this chapter.
C.
If a change in use or uses is proposed on a property with a registered nonconforming amount of parking, the following shall apply:
(1)
If the new use or uses have a parking requirement less than or equal to the requirement established in the nonconforming amount of parking registration, no additional parking shall be required. Such a change of use shall not impact the degree of nonconformity registered as a nonconforming amount of parking.
(2)
If the new use or uses have a parking requirement that is greater than the requirement established in the nonconforming amount of parking registration, the number of off-street parking spaces required by this article shall be provided for the entire use or uses, minus any pre-existing lawful deficit in the number of parking spaces.