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Randolph Township City Zoning Code

15-34

NONCONFORMING USES AND STRUCTURES

15-34.1.- Continuance of nonconforming uses or structures.

Any nonconforming use or structure which lawfully existed at the time of the passage of this ordinance may be continued upon the lot or in the structure so occupied and any such building or structure may be restored or repaired provided it shall meet the requirements of this Article.

15-34.2. - Alteration, extension or enlargement of nonconforming uses or structures.

Nonconforming uses or structures in all zone districts shall conform to the following requirements:

A.

Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever except by authority of the Board of Adjustment.

B.

Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.

C.

A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the construction official, the chief of the Township fire department, or the Township Engineer.

D.

In the event that there shall be a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months with an intent to abandon, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use shall be presumptively deemed a violation of the terms of this Chapter.

E.

Nothing in this Chapter shall require any change in plans, construction or designated use of a structure or building for which an unexpired construction permit has been heretofore validly issued if construction has been started and diligently prosecuted at the time of the adoption of this ordinance or amendments hereto.

F.

Nothing in this Chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this ordinance.

G.

Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Chapter, shall not be changed or altered to enlarge the nonconformance, except by authority of the Board of Adjustment.

H.

Any structure which does not conform with the bulk requirements of the zone may be altered providing the land area occupied by the structure is not increased and that the nonconforming bulk conditions are not enlarged.

15-34.3. - Restoration of existing buildings which are nonconforming because of use.

Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like.

15-34.4. - Restoration of existing buildings which are nonconforming because of reasons other than use.

Nothing in this Chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other requirements of this Chapter and which is partially destroyed not more than 50 percent by fire, explosion, act of God, or of any public enemy, or the like; provided, however, that any restoration of any such building or structure shall not enlarge the previously existing nonconformance.

15-34.5. - Determination of partial destruction.

Where any nonconforming building or structure has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of 50% or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Chapter.

Where more than 50% of the fair market value of the whole building or structure remains after such damage or destruction, such building or structure may be repaired and restored to the same nonconforming use and to the same extent as existed before such damage or destruction.