Lafayette City Zoning Code
§ 13-7
NONCONFORMING LOTS, USES, STRUCTURES.
[Ord. No. 2012-06 § 13-7; Ord. No. 2016-19 § 1]
a.
Continuation of Use. A use, building or structure, lawfully in existence at the effective day of this chapter, which shall be made nonconforming at the passage of this chapter may be continued except as otherwise provided by law.
b.
Regulation of Nonconforming Structures and Nonconforming Uses.
1.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or as follows:
(a)
Restoration. Any nonconforming use or nonconforming structure partially destroyed by fire, casualty or Act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within one year after damage occurs and shall be completed within two years of such date or such use shall not be rebuilt except as a conforming use.
(b)
Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
2.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Construction Official or other authorized State or Township Official.
c.
Accessory Building Setbacks of Nonconforming Lots. Any existing lot as of December 6, 2016 which lot does not meet the minimum lot size may construct an accessory building without an appeal to the Land Use Board, provided that the total permitted building coverage is not exceeded and/or the accessory building and/or any addition does not violate any other requirements of the Township Ordinances, such as but not limited to height, setback and parking. For lots smaller than the minimum lot area as required by Code Subsection 13-8.5, accessory buildings may be constructed in accordance with the following schedule:
Side Yard (feet) | 10 feet |
Rear Yard (feet) | 20 feet |