Leet Township City Zoning Code
PART 5
NONCONFORMING USES, STRUCTURES AND LOTS
§ 27-501 Intent and Purpose.
[Ord. 168, 7/10/1978, § 501]
1.
Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures and uses of land and structures which were legal before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
2.
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with the permitted uses of the districts involved.
3.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated uses of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
§ 27-502 Registration of Nonconforming Structures and Uses.
[Ord. 168, 7/10/1978, § 502; as amended by Ord. 260, 3/11/1996, § 27-502]
All nonconforming structures and uses shall be registered with the Zoning Officer in compliance with § 27-804 of this chapter.
§ 27-503 Nonconforming Lots of Record.
[Ord. 168, 7/10/1978, § 503]
Any lot of record existing at the effective date of this chapter and held in separate ownership and not with ownership of adjoining lots or continuous frontage with other lots in same ownership, provided said lot was not created in violation of prior existing zoning ordinances and regulations, may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this chapter.
§ 27-504 Nonconforming Uses of Land.
[Ord. 168, 7/10/1978, § 504]
1.
Where, at the effective date of adoption or amendment of this chapter, legal use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise legal, subject to the following provisions:
A.
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
C.
Such nonconforming use must terminate at the expiration of three years, at which time the land must conform to the provisions of this chapter, if the land is capable of being made to conform.
D.
All special regulations under Part 4 of this chapter shall be applicable to both conforming and nonconforming uses, and all uses shall comply therewith.
E.
If any such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
§ 27-505 Nonconforming Structures.
[Ord. 168, 7/10/1978, § 505]
1.
Where a legal structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise legal, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases its nonconformity.
B.
Should such structure be destroyed by any means to an extent of more than 60% of its replacement cost at the time of destruction, it shall not be reconstructed excepted in conformity with the provisions of this chapter.
C.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located, after it is moved.
§ 27-506 Nonconforming Uses of Structures.
[Ord. 168, 7/10/1978, § 506]
1.
If a legal use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the legal use may be continued so long as it remains otherwise legal, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
D.
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned, or for any other reason, for 12 consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, such nonconforming use shall cease and shall not thereafter be used except in conformance with the regulations of the district in which it is located.
E.
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure by fire, flood, explosion or other casualty shall eliminate the nonconforming status of the land.
§ 27-507 Repairs and Maintenance.
[Ord. 168, 7/10/1978, § 507]
1.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the building; provided, that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
2.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 27-508 Special Exceptions for Nonconforming Residences.
[Ord. 168, 7/10/1978, § 508]
1.
Notwithstanding the provisions above, the following special regulations shall apply to nonconforming residences located in any residential district:
A.
An existing residence may be extended to the rear, without requiring a variance, in spite of an existing side yard encroachment; provided, the side yard encroachment is not increased.
B.
An existing residence which is totally or partially destroyed rebuilt on the same foundation and to the pre-existing dimensions even though there may be nonconforming uses relating to yard area, lot area or first floor area requirements.