Ross Township City Zoning Code
PART 13
NONCONFORMANCE
§ 27-1301 Registration.
[Ord. 2035, 12/9/2002, § 1301; as amended by Ord. 2288, 4/12/2010]
Beginning on the effective date of this chapter, the Zoning Officer is authorized to identify and register all nonconforming uses and nonconforming structures. Upon the Zoning Officer's identification of the existence of a nonconforming use or nonconforming structure, he shall so notify the landowner in writing, who, in turn, shall, within 60 days of receipt of such notice, apply for a certificate of occupancy with respect to such nonconforming use or nonconforming structure.
§ 27-1302 Continuation.
[Ord. 2035, 12/9/2002, § 1302; as amended by Ord. 2233, 5/14/2007, § 1]
1.
Nonconforming use of a building, structure or land or use of a nonconforming building, structure or lot, existing and lawful at the time of enactment of this chapter or at the time of any amendment hereto, may continue except as hereinafter provided.
2.
Any proven use prior to 1971 shall be entitled to nonconforming use status.
§ 27-1303 Extension or Expansion.
[Ord. 2035, 12/9/2002, § 1303]
1.
The nonconforming aspect or aspects of a building, structure or lot, on or in which is conducted a conforming use, may not be expanded, extended or increased.
2.
A nonconforming use may be expanded, extended or enlarged within the boundaries of the zoning lot on which it is located by 50% of floor area, lot coverage or building volume if required to accommodate an increase in trade, business or industry, upon securing special exception approval from the Zoning Hearing Board.
A.
Expansion, extension or enlargement greater than 50% of original floor area, land area or building volume at the time the use became a nonconforming use is prohibited.
B.
Such expansions can be completed incrementally, but in no case shall the total expansion exceed the percentages noted above.
C.
Any such expansion, extension or enlargement shall comply with all other applicable provisions of this chapter.
3.
No nonconforming use shall be moved in whole or in part to a separate portion of the zoning lot on which it is located, if such portion of the zoning lot was not devoted to the nonconforming use upon the effective date of this chapter or the applicable amendment thereto.
§ 27-1304 Reconstruction or Restoration.
[Ord. 2035, 12/9/2002, § 1304]
A nonconforming structure or building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other natural phenomenon, or legally condemned, may be reconstructed, restored and used for the same nonconforming use or, in the case of a nonconforming building or structure, it may continue as a nonconforming building or structure; provided, that reconstruction and restoration of the building or structure shall be commenced within one year of the date of destruction or condemnation of the building or structure and shall be carried on to completion within two years of start of reconstruction.
§ 27-1305 Abandonment.
[Ord. 2035, 12/9/2002, § 1305]
If a nonconforming use of a building, structure or land is abandoned for a continuous period of one year, thereafter use of such building, structure or land shall be in conformance with the provisions of this chapter. With regard to both mixed use and singular use of buildings, structures or land, abandonment shall commence upon cessation of the nonconforming use.
§ 27-1306 Change.
[Ord. 2035, 12/9/2002, § 1306]
A nonconforming use may be changed to a conforming use as provided in the applicable zoning district regulations and once changed to a conforming use, no structure, building or land shall be permitted to revert to a nonconforming use. For purposes of this section, a change is not effected by either (A) normal repairs and maintenance for upkeep purposes, or (B) the provision of modern instrumentalities necessary and helpful to the reasonable continuation of the nonconforming use, which instrumentalities, either by nature or extent, do not act to change the nonconforming use to a different nonconforming use.