Paradise Township Monroe County
City Zoning Code
City Zoning Code
ARTICLE V
Nonconforming Lots, Uses and Buildings
§ 160-22 Nonconforming uses.
A.
Existing nonconforming lots.
(1)
Nonconforming lots in all districts. A nonconforming lot on the effective date of this chapter may be used for any allowable use in any district in which such use is permitted, provided that such lot shall be developed in conformity with all applicable district regulations other than minimum lot area, lot width, side yard and rear yard. Existing small lots meeting the above stipulations shall comply with the following:
Single-Family Residences | |||||
|---|---|---|---|---|---|
For Lots Having a Width Greater Than but Less Than (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Total Both Side Yards (feet) | Minimum Rear Yard (feet) | |
200 and over | Minimum required Schedule III | Minimum required Schedule III | Minimum required Schedule III | Minimum required Schedule III | |
150 | 200 | Minimum required Schedule III | Minimum required Schedule III | Minimum required Schedule III | Minimum required Schedule III |
100 | 150 | 40 | 20 | 45 | 20 |
Up to 100 | 40 | 15 | 35 | 15 | |
(2)
Nonconforming lots in nonresidential districts. If a nonconforming lot is located in a nonresidential district, then a building may be constructed on it for any use permitted in the district in which the lot is located, provided that the off-street parking and loading requirements and all yard requirements for the applicable district are complied with.
B.
A nonconforming use is any use, whether of a building or tract of land, or both, existing on the effective date of this chapter which does not conform to the use regulations of the district in which it is located. The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter.
C.
Any nonconforming use of buildings or open land, except those specified in § 160-23, may be continued indefinitely, provided that any such use:
(1)
Shall not be enlarged or extended in excess of 25% of the area established as a nonconforming use at the date of adoption of this chapter, and shall in all other respects be in compliance with this chapter. In the case of quarrying, surface mining or excavation operations, the area of land that has, at the date of adoption of this chapter, actually been excavated below ground in the quarrying, surface mining or excavation operations shall constitute the area established as a nonconforming use for purposes of this provision. Permission to enlarge or extend residential nonconforming uses may be granted by the Zoning Officer by the issuance of a zoning permit. Any person or entity desiring to enlarge or extend a nonconforming nonresidential use must apply for and obtain conditional use approval from the Board of Supervisors pursuant to the procedures set forth in Article VI, § 160-29 of this chapter.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval of the Zoning Hearing Board and then only to a use which, in the opinion of the Board, is the same or of a more restricted nature. A request to change one nonconforming use to another nonconforming use shall constitute, and be processed as, a Special Exception.
[Amended 6-7-2021 by Ord. No. 272]
(4)
Alterations to an existing structure, for which a conditional use has been previously approved, shall follow the permitting procedure for a permitted use, provide such alterations will not increase the square footage of the structure by more than 25%, increase the sewage flow, require additional parking, or increase the number of dwellings units in the structure.
§ 160-23 Nonconforming buildings or structures.
A.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair, structural alteration or reconstruction of a nonconforming building, provided that such action does not increase the degree of or create any new nonconformity with regard to the regulations pertaining to such building.
B.
When a nonconforming structure is damaged by fire or other unforeseen cause, it shall be deemed to be discontinued unless action is taken to restore the nonconforming structure within one year or such nonconformity is carried on without interruption in the undamaged portion of such building.
C.
When the extension of a nonconforming structure creates no new nonconformity, the Zoning Officer may issue such Zoning Permit as required.
D.
Expansion of nonconforming residential buildings. Nonconforming residential buildings may be expanded into a required front yard, provided that said encroachment is no greater than that of the existing building.
§ 160-24 Abandonment and termination of nonconforming uses.
The discontinuance, whether voluntary or involuntary, of a nonconforming use for a period of one year or a change to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived. Intent to resume a nonconforming use shall in no way affect the foregoing.