Madison City Zoning Code
§ 195-36
Nonconforming uses, structures and lots.
A.
Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
B.
Discontinuance of abandoned nonconforming uses. Any nonconfirming use which has not been used for a continuous period of one year or more shall not thereafter be revived.
C.
Alteration, extension or enlargement of nonconforming use or structure.
(1)
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(3)
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
(4)
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
D.
Restoration of existing building or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.
E.
Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
F.
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
(1)
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Board of Adjustment.
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type.
(3)
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum impervious coverage set forth in Schedule I.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(4)
The Construction official of the Borough of Madison is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.
G.
Nonconforming unimproved lot. Notwithstanding any other provisions of this article, any existing nonconforming lot in the R-1, R-2, R-3 and R-4 Zones not adjoining any vacant land and which is nonconforming due to shape or area, may be improved with a new building or structure in accordance with the use requirements of this article, provided that the minimum setbacks shall be as required in Schedule I,[2] except required side street setbacks on corner lots may be reduced one foot for each three feet the lot is under the minimum width required in the zone district, but shall not be reduced below 1/2 the minimum required setback.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
H.
Any nonconforming structure located in the CC Zone can be further developed, provided that the degree of nonconformity is not further increased.