Raccoon Township City Zoning Code
ARTICLE XIV
Nonconforming Uses
§ 185-59 When permitted.
Subject to the provisions of this article, a nonconforming lot, nonconforming building or structure or nonconforming use may be continued even though it does not conform with the provisions of these regulations for the district in which it is located.
§ 185-60 Unsafe structure.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
§ 185-61 Alterations of nonconforming buildings.
[Amended 11-14-2017 by Ord. No. 2017-5]
A nonconforming building, as defined in this chapter, may be altered or improved provided the work does not make the structure any more nonconforming in any respect nor extend the degree of dimensional nonconformance in any way.
§ 185-62 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, provided reconstruction or repair is commenced within one year from the date of occurrence of the damage.
§ 185-63 Extension.
A.
A nonconforming use may be extended as a special exception subject to the following:
(1)
The extension becomes an attached part of the main structure and does not utilize any additional or adjoining land area other than the original parcel.
(2)
The extension does not violate any lot, area, dimensional, off-street loading or parking requirements, or any other requirements of this chapter in the district in which the nonconforming use is located, or in any way extend the degree of dimensional nonconformance of any structure or building.
(3)
The extension is for the purpose of expanding the same classification of nonconforming use in existence at the time of chapter adoption.
B.
Extension of a lawful use to any portion of a nonconforming building or structure that existed prior to the enactment of the chapter shall not be deemed an extension of such nonconforming use.
§ 185-64 Changes.
No nonconforming use shall be changed to another nonconforming use, except that a nonconforming use may be changed to another nonconforming use of equal or more restrictive classification upon application to, and approval by, the Zoning Hearing Board. The Zoning Hearing Board may impose reasonable conditions to assure that any such change will not adversely affect the public interest.
§ 185-65 Abandonment.
A nonconforming use of a building or land that has been abandoned or discontinued shall not thereafter be returned to a 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 or circumstances show a clear intention to resume the nonconforming use.
C.
When a nonconforming use has been discontinued for a period of 12 months.
D.
When it has been replaced by a conforming use.
E.
When it has been changed to another use under permit from the Zoning Hearing Board.
F.
A nonconforming use (dwelling) in a commercial district may be vacant past 12 months as long as the property is being actively marketed for sale by way of a listing agreement and realtor signage.
[Added 11-14-2017 by Ord. No. 2017-5]
§ 185-66 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 use conditions created therein.
§ 185-67 Nonconforming lot.
[Amended 11-14-2017 by Ord. No. 2017-5]
A.
Single-family detached dwelling, mobile home or accessory use in agricultural or residential district.
(1)
In any agricultural or residential district, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling, mobile home or accessory use as permitted in that zoning district which complies with all applicable zoning restrictions except for lot area and minimum lot width requirements may be erected, provided that the following requirements are met:
(a)
The lot is shown by recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, at such location was not prohibited by any zoning or subdivision and land development ordinance then in effect.
(b)
The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning or subdivision and land development ordinance.
(2)
Construction permitted by the above shall comply with all other regulations, except minimum lot area and minimum lot width requirements, applicable to the use in question in the zoning district in which the lot in question is located.
B.
Commercial structure in commercial district.
(1)
In any commercial district, notwithstanding the regulations imposed by any other provisions of this chapter, a commercial structure that complies with all applicable zoning restrictions except for lot area and minimum lot width requirements may be erected, provided that the following requirements are met:
(a)
The lot is shown by recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size, at such location was not prohibited by any zoning or subdivision and land development ordinance then in effect.
(b)
The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning or subdivision and land development ordinance.
(2)
Construction permitted by the above shall comply with all other regulations, except minimum lot area and minimum lot width requirements, applicable to the use in question in the zoning district in which the lot in question is located.
§ 185-67.1 Accessory uses for nonconforming use (dwelling) in commercial district.
[Added 11-14-2017 by Ord. No. 2017-5]
A nonconforming use (dwelling) in a commercial district may have accessory uses as follows:
Garden sheds - shelter |
Home gardening/including temporary roadside sales |
Private garages |
Private swimming pools |
Other uses customary to residential use that complies with all other applicable commercial district zoning restrictions |