Hopkins Township City Zoning Code
NON-CONFORMING USES
BUILDINGS OR STRUCTURES
§ 157.300 CONTINUANCE OF NON-CONFORMING USES, BUILDINGS OR STRUCTURES.
Except where specifically provided to the contrary, and subject to the provisions of this chapter, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of this chapter, or in the case of a amendment of this chapter, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this chapter or any amendment thereto. In addition, except where specifically provided to the contrary and subject to the provisions of this chapter, a building or structure which is existing and lawful on the effective date of this chapter or, in the case of an amendment of this chapter, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this chapter or any amendment thereto.
(Prior Code, Ch. XV, § 14.01) (Ord. 1977-1, passed 10-10-1977)
§ 157.301 EXPANSION.
(A) Structures, buildings or uses non-conforming by reason of height, area and/or parking and loading space provisions only may be extended, enlarged, altered, remodeled or modernized; provided, there is compliance with all height, area and/or parking and loading provisions with respect to such extension, enlargement, alteration, remodeling or modernization. Any use of a building or structure which is non-conforming by reason of parking and loading provisions and which is thereafter made non-conforming or less non-conforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking and/or loading space to meet requirements for any extension, enlargement or change of use which requires greater areas for parking and/or loading space.
(B) No non-conforming use of any building or structure or of any land or premises which is non-conforming for reasons other than height, area, and/or parking and loading space provisions shall hereafter be extended or enlarged:
(1) Unless all extensions or enlargements do not exceed 50% of the area of the original non-conforming use; and
(2) Unless such extensions or enlargement is authorized by the Planning Commission as a special use.
(C) In considering such authorization, the Planning Commission shall consider the following standards:
(1) Whether the extension or enlargement will substantially extend the probable duration of such non-conforming use; and
(2) Whether the extension or enlargement will interfere with the use of other properties in the surrounding neighborhood for the uses for which they have been zoned or with the use of such other properties in compliance with the provisions of this chapter.
(Prior Code, Ch. XV, § 14.02) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001)
§ 157.302 RESTORATION AND REPAIR.
(A) All repairs and maintenance work required to keep a non-conforming building or structure in sound condition may be made, but it shall not be structurally altered to permit the use of such building or structure beyond its natural life. In the event any non-conforming building or structure is damaged by fire, wind, Act of God or public enemy, it may be rebuilt or restored if the cost thereof does not exceed one-half of the value of the non-conforming building or structure after the rebuilding or restoration is complete. In the event any non-conforming building or structure is damaged by fire, wind, Act of God or public enemy, and the cost of rebuilding or restoration exceeds one-half of the value of the building or structure after rebuilding is complete, then such rebuilding or restoration shall only be permitted when first authorized by the Planning Commission as a special use.
(B) In considering such authorization, the Planning Commission shall consider the following standards:
(1) Whether such rebuilding or restoration will substantially extend the probable duration of the non-conforming use; and
(2) Whether or not land previously occupied by the non-conforming use can be advantageously used for a use permitted in the applicable zoning district.
(Prior Code, Ch. XV, § 14.03) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001) Penalty, see § 157.999
§ 157.303 CHANGE OR DISCONTINUANCE.
The non-conforming use of a building or structure or of any land or premises shall not be:
(A) Changed to any other non-conforming use; and
(B) Re-established after discontinuance, vacancy, lack of operation or otherwise for a period of nine months.
(Prior Code, Ch. XV, § 14.04) (Ord. 1977-1, passed 10-10-1977; Ord. 2001-1, passed 7-17-2001)
§ 157.304 BUILDING OR STRUCTURE UNDER CONSTRUCTION ON EFFECTIVE DATE OF CHAPTER.
Any building or structure shall be considered existing and lawful and for purposes of § 157.300 of this chapter to have been in use for the purpose for which constructed if on the effective date of this chapter, a building permit has been obtained therefor, if required, or, if no building permit is required, a substantial start has been made toward construction and construction is thereafter pursued diligently to conclusion.
(Prior Code, Ch. XV, § 14.05) (Ord. 1977-1, passed 10-10-1977)