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Montgomery City Zoning Code

§ 16-5.7

Nonconforming Lots, Structures and Uses.

[Ord. #85-482, S 507; Ord. #87-564, S 1; Ord. #89-610, S 4; Ord. #91-730, S 1; Ord. #03-1120, S 1; Ord. #12-1423, S 5]
a. 
Lots.
1. 
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot.
2. 
Whenever the owner of a lot voluntarily dedicates land to the Township of Montgomery for road widening purposes or for the construction of a new road as indicated on the Traffic Circulation Plan Element of the Township's Master Plan, the following provisions shall apply:
(a) 
The Construction Official shall issue construction and occupancy permits for a lot whose depth and/or area is rendered substandard only because of the dedication of the land for the road widening or for the new road and where the owner has no other adjacent lands to provide the minimum requirements.
(b) 
The area of any dedicated land to the Township shall still be credited to the landowner for any applicable floor/area ratio (FAR), density, building coverage and lot coverage provisions; and
(c) 
In the instance where a landowner has dedicated land for the right-of-way of a new "inner-loop" or jug-handle type roadway, the dimensional setback from the dedicated right-of-way shall be that noted for the side yard in the applicable zoning district, even though it otherwise is to be considered a front yard.
3. 
Except as provided in Subsection 16-5.7a1 hereinabove, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: (1) the existing use(s) on the lot are conforming to the permitted use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; (2) the total permitted building coverage is not exceeded; (3) the accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.
4. 
Any detached single-family dwelling located in the REO, RD, NC, HC or MFG District and existing as of November 1, 1987 may have additions to the dwelling and/or construction of an accessory building without an appeal for variance relief provided: (1) the existing lot and improvements thereon conform in all respects to the minimum standards for the R-1 District; (2) the addition and/or accessory building do not violate any of the requirements for the R-1 District.
5. 
Any vacant lot existing as a conforming residential lot on June 26, 1974, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a construction permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief provided: (1) single-family detached dwellings are a permitted use in that district; (2) the building coverage limit is not exceeded; (3) parking requirements are met; and (4) the yard and height provisions are reduced by the same percentage that the area of such lots bears to the zone requirements, except that no side yard shall be less than either 10 feet or half that required by this chapter, whichever is greater. Additionally, no building shall be set back less than 30 feet from the street right-of-way and no building shall be required to have a height less than 12 feet and one story.
b. 
Structures and Uses.
1. 
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof.
2. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a non-conforming structure containing a nonconforming use. However, no nonconforming structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.