Hemlock Township City Zoning Code
PART 9
NONCONFORMITIES
§ 27-901 Nonconforming Uses and Structures.
[Ord. No. 8-9-2005, 8/9/2005, § 900]
1.
Any nonconforming use or structure legally existing at the time of adoption of this chapter or which is created whenever a district is changed by amendment hereafter, may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed, discontinued or abandoned (For nonconforming lots, See § 27-902.)
A.
General Application of Provisions. Nothing contained herein shall require any change in plans, construction, or designated use of a building or structure which complies with existing laws or for which a zoning permit was granted and/or where the construction shall have started before the date of adoption of this chapter.
B.
Abandonment. If any nonconforming use, or building or structure occupied by a nonconforming use, is abandoned for a period of one year, the future use of such building, structure or land shall be in conformity with the District Regulations of this chapter. A nonconforming use shall be judged to be abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
C.
Repairs, Alterations, Restoration and Reconstruction.
(1)
Exterior repairs, nonstructural alterations, and other general maintenance adjustments may be made to a nonconforming building or structure or to a building or structure occupied by a nonconforming use. Such work shall however be subject to all applicable zoning permit and/or building code requirements.
(2)
Where less than 50% of the volume or gross floor area of a nonconforming use or building or structure occupied by a nonconforming use is destroyed by fire, flood or other natural cause, the building or structure may be restored or reconstructed and used as before; provided, that:
(a)
The Zoning Officer approves the application for restoration or reconstruction as meeting the requirements of this chapter.
(b)
Said restoration or reconstruction commences within one year after the completion of all claims, legal actions and investigations related to the damage and is carried to completion without undue delay.
(c)
Said restoration or reconstruction does not exceed the size, bulk, height and area that existed prior to the damage.
(d)
The location of the restoration or reconstruction does not create a safety hazard as determined by the Zoning Officer.
(3)
Where 50% or more of the volume or gross floor area of a nonconforming use or building or structure occupied by a nonconforming use is damaged by fire, flood or other natural cause, the building or structure may be restored or reconstructed, and used as before; provided, that:
(a)
The Zoning Hearing Board approves said restoration or reconstruction.
(b)
Said restoration or reconstruction commences within one year after the completion of all claims, legal actions and investigations related to the damage and is carried to completion without undue delay.
(c)
Said restoration or reconstruction does not exceed the size, bulk, height and area that existed prior to the damage, unless approved otherwise by the Zoning Hearing Board.
(d)
The location of the restoration or reconstruction does not create a safety hazard as determined by the Zoning Hearing Board.
D.
Extensions and Enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout the interior of the building provided that no structural alterations are made therein. Prior to the initiation of any such activity however, a zoning permit shall be obtained from the Zoning Officer and all applicable building code requirements shall be met.
(2)
Exterior structural alterations proposed to extend or enlarge a nonconforming building or structure or a building or structure occupied by a nonconforming use may be approved by the Zoning Hearing Board; provided, that:
(a)
The extension or enlargement does not extend the structure or use beyond the remainder of the lot or parcel as it existed at the effective date of this chapter, nor extend the structure or use by more than a cumulative total of 25% of the gross floor area occupied by such use at the effective date of this chapter, regardless of ownership.
(b)
The extension or enlargement conforms to the yard, height, and other requirements of the district in which it is located.
(c)
In the case of a nonconforming use, the extension is attached or contiguous to the existing nonconforming use.
In reviewing applications for extension or enlargement, the Zoning Hearing Board shall give due consideration to the welfare of the community in its entirety and may attach such reasonable conditions and safeguards as they deem appropriate to implement the purposes of this chapter. |
(3)
For nonconforming uses where normal operations involve natural expansion (i.e., quarries, junkyards, cemeteries, etc.), expansion shall be permitted by right up to 25% of the volume of area of the nonconformity which existed at the effective date of this chapter. For expansion beyond 25%, approval must be obtained from the Zoning Hearing Board. Prior to the initiation of any expansion however, a zoning permit shall be obtained from the Zoning Officer. Expansions of 25% or more proposed for conditional uses shall require approval of the Township Supervisors.
(4)
Any nonconforming building or structure, or building or structure occupied by a nonconforming use, which is moved for any reason, must meet all requirements of the district in which it is to be located.
E.
Change of Use.
(1)
The change of a nonconforming use of a building, structure or land to a nonconforming use of the same or a more restricted classification may be approved by the Zoning Hearing Board, provided that the applicant can show that the proposed change will be no more objectionable in external effect than the existing nonconforming use with respect to:
(a)
Traffic generation and congestion, including truck, passenger car, and pedestrian movement.
(b)
Noise, smoke, dust, fumes, vapor, gases, heat, odor, glare or vibration.
(c)
Outside, unenclosed storage, and waste collection and disposal.
(d)
Appearance, character, and nature of the neighborhood or area.
(e)
Where however, the proposed change of use involves a conditional use, the Township Supervisors shall determine whether such change may be approved.
(2)
Whenever a nonconforming use of a building or land has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
F.
Certification. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming use or structure on or before the effective date of this chapter, the Zoning Officer shall issue a certificate of nonconformance for such nonconformity. Any applicant aggrieved of the process for obtaining said certificate or of any decision rendered therefrom, may file an appeal with the Township Zoning Hearing Board.
§ 27-902 Nonconforming Lots.
[Ord. No. 8-9-2005, 8/9/2005, § 901]
1.
Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter, may be continued and/or maintained even though it does not conform to the regulations of the district in which it is located. It is not the intent of this chapter to be overly restrictive or to cause a hardship for any property owner, but rather to allow these nonconforming lots to continue until they are eliminated as single entities, possibly through the addition of such lots to adjacent property.
A.
Discontinuance/Lot Changes. Any nonconforming lot which is discontinued or becomes conforming through its addition to adjacent land shall not hereafter be changed back to a nonconforming lot.
B.
Existing Undeveloped Lots of Record. In the case of an undeveloped lot of record which lawfully existed at the effective date of this chapter which cannot accommodate a principal building or structure and meet the requirements for the district in which it is located, a permissible principal structure may be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to form a conforming or less nonconforming lot.
(2)
Each side yard is not less than 15 feet in the RR and A zones; not less than 10 feet in the SR zone; and not less than five feet in the UR district, except that no side yard is required where fireproof common walls meeting all building code requirements are used. (There shall be no reduction in required side yard setbacks for lots located in the C, IC and I Districts.).
(3)
The rear yard is not less than 20 feet in the RR, SR, and A zones. (There shall be no reduction in required rear yard setbacks for lots located in the UR, C, IC, and I Districts.)
(4)
The front yard conforms to the minimum distance required.
(5)
Where needed, the site has an approved sewage disposal system or an appropriate sewage permit.
(6)
Provided that the site and its intended use complies with all other applicable provisions of this chapter.
C.
Certification. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming lot on or before the effective date of this chapter, the Zoning Officer shall issue a certificate of nonconformance for such nonconformity. Any applicant aggrieved of the process for obtaining said certificate, or of any decision rendered therefrom, may file an appeal with the Township Zoning Hearing Board.