Patton Township City Zoning Code
ARTICLE XV
Nonconforming Uses, Premises, Structures and Lots
§ 425-66 Intent.
A.
The zoning districts established by this chapter are designed to guide the future use of land in the Township by encouraging the development of desirable residential, commercial and manufacturing areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located must be subject to certain limitations. The regulations set forth below are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Township.
C.
Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, width of lot, coverages or height are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their locations.
E.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was lawfully begun prior to the effective date or amendment of this chapter and on which actual building construction has been diligently carried on.
§ 425-67 Nonconforming use regulations.
Lawful uses, located either within a building or other structure, or part thereof or on the land or in combination of both, which at the effective date of this chapter or subsequent amendment thereto became nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property, subject to the following regulations:
A.
Enlargement. No such nonconforming use shall be enlarged or increased upon ground not occupied at the time of the passage of the Zoning Ordinance nor upon that portion of said ground not devoted to the nonconforming use.
B.
Damage or destruction.
(1)
In the event that a manufacturing nonconforming use, in a residential district, is destroyed or partially destroyed by fire, explosion or other disasters or otherwise damaged to the extent of 75% or more of the assessed valuation of all buildings, structures and other improvements on the lot, as determined from the assessment rolls effective at the date of the damage or destruction, such nonconforming uses shall terminate and the lot shall thereafter be used only for conforming uses.
(2)
In the event that any nonconforming use, in any district, is destroyed or partially destroyed by fire, explosion or other disaster or otherwise damaged to the extent of 75% or more of the assessed valuation (as defined above), such nonconforming use shall terminate and the lot shall thereafter be used only for conforming uses.
C.
Discontinuance. If a nonconforming use of land ceases operations for a period of more than one year after which the owner of such property does not file a certification of intention to maintain such use, then this shall be deemed to be an intent to abandon such use and any subsequent use of the land shall conform to the regulations of this chapter.
§ 425-68 Nonconforming lots of record.
Nonconforming lot regulations shall be as follows: In any district, in which single-family houses are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family house and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter, provided that the following requirements shall be observed.
A.
Such lot must be in separate ownership, and not form part of a continuous frontage with other lots in the same ownership.
B.
This provision shall apply even though such lot fails to meet requirements of area or width, or both, generally applicable in the district in which the lot is located and a variance shall be issued by the Zoning Hearing Board except as follows:
(1)
No application for a variance shall be accepted if the side, front or rear yards or the width or area of the lot in question is less than 50% of the required minimum for the district in which it is located.
(2)
If two or more lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area established by this chapter, the lands involved shall be considered an undivided parcel and no portion of such parcel shall be occupied or sold which does not meet lot width and area requirements established by this chapter.[1]
[1]
Editor's Note: Original Section 1104, Registration of nonconformity, which immediately followed this section, was repealed 8-14-1996 by Ord. No. 96-330.
§ 425-69 Nonconforming structures in the Flood District.
[Amended 9-12-1978 by Ord. No. 154]
Structures existing in the Floodplain District prior to the enactment of this chapter, but which are not in compliance with its use regulations, may continue to remain provided that prior to any modification, alteration, reconstruction, repair or improvement a variance is obtained from the Zoning Hearing Board in accordance with § 425-86.