Kelly Township City Zoning Code
PART 9
NONCONFORMITIES
§ 27-900 Nonconforming Uses and Structures.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
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.
A.
General Application of Provisions. Nothing 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 permit was granted and/or where the construction shall have started before the date of adoption of this chapter or applicable amendment thereto.
B.
Abandonment. If any nonconforming use or building or structure occupied by a nonconforming use is abandoned for a period of two years, the future use of such building or land shall be in conformity with Part 3, the District Regulations. 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 two years from the date of cessation or discontinuance.
C.
Repairs and Reconstruction.
(1)
Exterior repairs, non-structural alteration and other general maintenance adjustments may be made to a nonconforming building or structure or a building or structure occupied by a nonconforming use, but such repairs and adjustments shall be subject to all applicable requirements for a building permit and a zoning permit.
(2)
Any mobile home which was nonconforming at the time of adoption of this chapter or which becomes nonconforming by a subsequent change or amendment to this chapter (excluding those units situated in existing mobile home parks) may be replaced with a unit of the same or larger size provided that:
(3)
A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood or other natural causes may be reconstructed, restored and used as before, provided that:
(a)
Said reconstruction commences within one year of the damage;
(b)
Said reconstruction shall not exceed the size, bulk, height and area that existed prior to the damage, unless approved by the Board of Supervisors;
(c)
The location of said reconstruction does not create a safety hazard;
(d)
Where the nonconformity is located in a Flood Fringe or General Floodplain District, the new construction shall comply, to the greatest extent possible, with all of the floodproofing requirements contained in § 27-602 of this chapter; and
(e)
Where the nonconformity is located in a Floodway District, such nonconformity may only be reconstructed, replaced and used as before provided that:
D.
Extensions and Enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout the interior of the building or structure, provided that no structural alterations are made, no increase in parking spaces or areas is required, no increase in noise, smoke, odor, light or traffic shall result, no increase in size or use of outdoors displays shall occur, and no change in the exterior appearance of the building or structure or lot shall occur. Any such expansion or extension shall be in conformance with all applicable local, state and federal ordinances, laws, statues and regulations and the appropriate permits including a zoning permit shall be obtained prior to any such extension or expansion.
(2)
Exterior structural alterations proposed to extend a nonconforming shall be permitted provided that:
(a)
The extensions or enlargements do not extend the structure or use by an aggregate total of more than 50% of the gross floor area occupied by such use at the time the use became nonconforming;
(b)
The extension or enlargement shall conform to the yard, height, off-street parking and other requirements of the district in which the structure or use is located;
(c)
The extension is not located in a Floodway District; and
(d)
The extension is located immediately adjacent to and on the same lot as the existing nonconforming use.
(3)
In reviewing applications for extensions or enlargements, the Board of Supervisors 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.
(4)
For nonconforming uses whose normal operations involve natural expansion (i.e., quarries, junkyards, cemeteries, etc.), expansion shall be permitted by right up to 25% of the volume or area of the nonconformity which existed at the effective date of this chapter. For expansion beyond 25%, approval must be obtained from the Board of Supervisors.
(5)
A nonconforming use shall not be extended to displace a conforming use, unless authorized by the Board of Supervisors.
(6)
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 located.
E.
Change of Use. A nonconforming use of a building, structure or land may be changed to a nonconforming use of the same or a more restricted classification, subject to the following conditions. (Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.)
F.
Application to Agricultural Structures. The regulations governing nonconformities set forth in this section shall not apply to agricultural structures when such structures are part of an active agricultural use. An active farm situated in a zone where agricultural activities become nonconforming as a result of adoption of this chapter shall also be exempt from these provisions. It is not the intent of these regulations to create hardships for ongoing agricultural activities. However, should the nonconforming agricultural use be discontinued or abandoned, any buildings or structures damaged or destroyed thereafter shall be subject to the regulations governing nonconformities set forth in this section.
G.
Certification. A certificate of nonconformance shall be issued by the Zoning Officer for all nonconforming uses or structures, upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the effective date of this chapter.
§ 27-901 Nonconforming Lots.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
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 Lots of Record. In the case of a lot of record which existed at the effective date of this chapter which does not meet the minimum area requirements for the district in which it is located, a permitted 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 lot;
(2)
Each side yard is not less than five feet when adjoining another lot and 10 feet when adjacent to any street right-of-way line;
(3)
The rear yard is not less than 10 feet;
(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; and
(6)
Provided that the site and its intended use complies with all other applicable provisions of this chapter.
C.
Certification. A certificate of nonconformance shall be issued by the Zoning Officer for all nonconforming lots, upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the effective date of this chapter.