Harrison Township City Zoning Code
ARTICLE XIX
Nonconforming Uses
§ 225-142 Continuations; change in use prohibited.
Lawful uses located either within a building or other structure, or part thereof, or on the land, or in combination of both, which, at the effective date of this chapter, or subsequent amendments thereto, become nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property. No change in nonconforming use shall be permitted.
§ 225-143 Alteration or enlargement.
A.
Nonconforming buildings, structures or land shall not be added to or enlarged upon in any manner, unless said building, structure or land including additions and enlargements are made to conform to all the regulations of the district in which they are located. No structural alterations may be made other than those ordered by an authorized public officer to assure the safety of a nonconforming building or structure.
B.
No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.
§ 225-144 Discontinuance.
A.
If a nonconforming use of land or building ceases operations for a continuous period of more than six months, then this shall be deemed to be an intent to abandon such use, and any subsequent use of land shall conform to the regulations of this chapter.
B.
If abandonment occurs involuntarily, the owner may request that the discontinuance be continued beyond the six-month period, provided that application for extension is made within the initial six-month period.
§ 225-145 Chance in use.
A.
The use of a nonconforming building or structure shall not be expanded into any other portion of such conforming building or structure not changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion shall be in conformity with the regulations of this chapter.
B.
Whenever a use district shall be hereinafter changed, any existing nonconforming use in such changed district may be continued or changed to another nonconforming use of the same classification, provided that no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.
§ 225-146 Damage or destruction.
In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion, or other cause, or otherwise damaged, the structure may be repaired or restored to its original condition.
§ 225-147 Public service corporation exception.
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by public service corporations, if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 225-148 Regulations for nonconforming lots of record.
A.
In any district wherein a lot unimproved at the date of adoption of this chapter and not adjoining another unimproved lot or an improved lot owned or controlled by the owner of the lot in question, a building may be erected thereon if the size of the lot in question is at least 50% of that prescribed for the district in which it is located.
B.
This provision shall apply even though such lot fails to meet the requirements of width or yard standards of the district in which the lot is located, and a permit shall be issued by the Zoning Officer subject to the above requirements.