Mars City Zoning Code
ARTICLE X
Nonconforming Uses and Lots
§ 270-67 Continuation; identification.
Where, within the districts established by this chapter or amendments that may be later adopted, there exists lots, structures, and uses of land and structures which were lawful before this chapter was amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments, these nonconforming uses may continue until they are removed. Nonconforming uses shall be identified and a list maintained by the Borough, and changes in occupancies, reconstruction, remodeling, or alterations shall comply with the current building codes.[1]
[1]:
Editor's Note: See Ch. 107, Construction Codes, Uniform.
§ 270-68 When permitted; registration; erection of single-family dwellings.
A.
Subject to the provisions of this section, a use of building or land existing at the time of the enactment of this chapter may be continued even though such use does not conform with the provisions of these regulations for the district in which it is located.
B.
All nonconforming structures and uses shall be registered with the Zoning Officer and the Building Inspector.
C.
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this section, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this amendment. Such a lot must be in a separate subdivision. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Zoning Hearing Board and subject to special conditions imposed thereon.
§ 270-69 Alterations.
A nonconforming building or structure may be altered, improved or reconstructed. Said alteration, improvement or reconstruction shall be permitted only if it is a normal, natural or consistent growth of the same character as that of the use existing at the time of passage of this chapter.
§ 270-70 Restoration.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God subsequent to the date of this chapter.
§ 270-71 Extensions.
A nonconforming use shall not be extended, except in compliance with state law, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
§ 270-72 Changes.
No nonconforming building, structure, or use shall be changed to another nonconforming use. An existing nonconforming use may continue even through a change of ownership or occupant.
§ 270-73 Prior construction.
Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a zoning permit has been issued and the construction of which shall have been diligently prosecuted within two months of the date of such permit and the ground story framework of which shall have been completed within four months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
§ 270-74 Abandonment.
A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned as follows:
A.
When the intent of the owner to discontinue the use is apparent;
B.
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use;
C.
When a nonconforming use has been discontinued for a period of one year;
D.
When it has been replaced by a conforming use; or
E.
When it has been changed to another use under permit from the Zoning Hearing Board.
§ 270-75 Interpretation.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 270-76 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconforming uses existing therein.