Pittsfield Charter Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Nonconformities
§ 40-16.01 Purpose.
Certain existing lots, structures and uses of lots and structures were lawful before this chapter was adopted, but have become nonconformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit such nonconformities to remain until they are abandoned or removed, but not to encourage their survival or, where abandonment or removal is not feasible, to gradually upgrade such nonconformities to conforming status. Nonconformities shall not be enlarged, expanded, or extended, except as provided in this chapter and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconformities are declared by this chapter to be incompatible with the structures and uses permitted in the various districts.
§ 40-16.02 Nonconforming uses.
A.
Nonconforming uses of parcels and lots.
(1)
A lawful nonconforming use of a parcel or lot may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
No such nonconforming use of a parcel or lot shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this chapter, and no accessory use, building, or structure shall be established therewith.
(b)
No nonconforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not occupied on the date of adoption of this chapter.
(2)
If the lawful nonconforming use of a parcel or lot ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this chapter for the district in which such parcel or lot is located.
B.
Nonconforming uses of buildings and structures.
(1)
A lawful nonconforming use of a building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a)
No existing building or structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, constructed, reconstructed, moved, or structurally extended or altered except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located, except that if no structural alterations are made, any nonconforming use of a building or structure may be changed to another nonconforming use by the Board of Appeals, as provided in Article XVII of this chapter; and
(b)
The Board of Appeals shall determine that such nonconforming use is equally appropriate or more appropriate in the district involved than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions and intent of this chapter.
(2)
When a nonconforming use of a building or structure is discontinued or abandoned for more than 180 consecutive days, except where government action prevents access to the premises, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(3)
Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the districts, and the nonconforming use may not thereafter be resumed.
(4)
Where a nonconforming status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.
§ 40-16.03 Nonconforming buildings and structures.
A.
Define. A nonconforming building or structure shall be one which was lawful on the effective date of adoption or amendment of this chapter and which does not conform to the new ordinance regulation for lot area, lot area per dwelling unit, lot width, lot coverage, floor area ratio, height, transition and landscape strips, off-street parking, loading space, or yard requirements of the district in which located.
B.
Continuation. A nonconforming structure, except a single-family dwelling and its accessory buildings and structures, which is damaged to an extent of more than 50% of its replacement cost shall not be reconstructed except in conformity with the regulations of this chapter. A nonconforming structure, except single-family dwellings and their accessory structures, which is damaged to an extent of 50% or less of its replacement cost, may be replaced, provided that the replacement is commenced within two years of the date of damages, and is diligently pursued to completion. Failure to complete replacement shall result in the loss of legal, nonconforming status, unless the Township Board, after a hearing, finds good cause for the delay.
C.
Single-family dwellings.
(1)
Nonconforming, single-family dwellings and their accessory buildings and structures may be continued, replaced, repaired, or remodeled, and shall be exempt from the provisions of § 40-16.03B. Such dwelling, and its accessory buildings and structures, may be replaced or repaired, if approved by the Zoning Administrator, according to the conditions set forth in § 40-16.03D and E.
(2)
A single-family dwelling and its accessory buildings and structures may be constructed or moved onto a nonconforming lot of record, if approved by the Zoning Administrator, according to the conditions set forth in § 40-16.03D and E following.
D.
Moved. A nonconforming building or structure which is moved within a lot or to another lot, shall conform, after it is moved, to the regulations of the district in which located.
E.
Expansion. Nonconforming structures may be expanded in compliance with the following regulations:
(1)
A nonconforming single-family dwelling unit and its accessory buildings and structures may be expanded, provided that all the following conditions are met. In such case, no action or review by the Pittsfield Township Zoning Board of Appeals shall be required, unless a variance is requested.
(a)
The single-family dwelling shall be a permitted use in the district in which it is to be located.
(b)
The lot shall be of record at the date of adoption of or amendment to this chapter.
(c)
The owner of the subject lot shall not own adjacent property which can reasonably be added, in whole or in part, to the lot to make it conform. If part of an adjacent parcel is so added, the remaining part of the adjacent parcel shall conform to the minimum lot area and width requirements of the district in which located.
(d)
All new construction for building expansion shall meet all yard, lot coverage, floor area ratio, and height regulations. Nonconforming single-family dwellings, to be replaced or repaired, shall be exempt from this Subsection E(1)(d), provided that the yards, lot coverage, floor area ratio, and height regulations existing at the time of damage shall not be encroached upon or exceeded.
§ 40-16.04 Repairs and maintenance.
All repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made, but such building or structure shall not be structurally altered in a way inconsistent with the description and purpose of this article.
§ 40-16.05 Change of tenancy or ownership.
There may be a change of tenancy, ownership, or management of an existing nonconforming use, building or structure, provided that there is no change in the nature of character, extent, or intensity of such nonconforming use, building, or structure.
§ 40-16.06 Extension and substitution.
A nonconforming use, building, or structure shall not be extended unless it fulfills the requirements of this article, nor shall one nonconforming use, building or structure be substituted for another nonconforming use, building, or structure except as provided for in § 40-16.02B(1)(a) above.
§ 40-16.07 Completion of pending construction.
To avoid undue hardships, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
§ 40-16.08 Conditional uses.
Any use existing at the time of adoption of this chapter and which is permitted as a conditional use in a district under the terms of this chapter shall be deemed a conforming use in such district, and shall without further action be considered a conforming use.
§ 40-16.09 Substandard, nonconforming lots of record.
A.
Provision.
(1)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership as of the date of adoption of this chapter.
(2)
These provisions 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.
B.
Continuous frontage. If two or more lots or combinations of lots and portions of lots with continuous frontage in 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 as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel or lot shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in the chapter.