Smith Township Washington County
City Zoning Code
City Zoning Code
PART 15
Nonconforming Uses, Structures and Lots
§ 1500 Applicability.
[Ord. 2007-2, 5/22/2007]
This Part shall apply to all nonconforming uses, structures and lots, as defined by this chapter. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter or any amendment thereto.
§ 1501 Nonconforming Uses.
[Ord. 2007-2, 5/22/2007]
These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use, as defined by this chapter. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another of a different classification, these regulations shall also apply to any uses that thereby become nonconforming.
A.
Continuation. Where, at the effective date of adoption or amendment of this chapter, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this Part.
B.
Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall be enlarged or increased or extended to occupy a greater area than was occupied at the effective date of adoption or amendment of this chapter, unless the Zoning Hearing Board, after public hearing, shall interpret that the enlargement or extension is necessary by the natural expansion and growth of the nonconforming use. Any such enlargement or expansion shall conform to the area, height and yard requirements of the zoning district in which it is located. Such enlargement or expansion shall not be extended onto any property that was not owned by the owner of the nonconforming use at the time the use became nonconforming.
(2)
No nonconforming use shall be moved, in whole or in part, to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout any part of a structure that was designed for such use at the time the use became nonconforming; however, a nonconforming use shall not be extended to occupy any structure, except on a lot or portion of a lot owned at the time the use became nonconforming.
C.
Change of use.
(1)
A nonconforming use shall not be changed to any use other than a conforming use, except as permitted by the Zoning Hearing Board in accordance with the following:
(a)
The new use will more closely correspond to the uses permitted in the district.
(b)
The changed use will be in keeping with the character of the neighborhood in which it is located.
(2)
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use.
D.
Abandonment. When a nonconforming use of structure and/or lot is discontinued or abandoned for 12 consecutive months, the structure and/or lot shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located.
E.
Damage or destruction.
(1)
Residential dwellings that are nonconforming uses in the B-1 or I-1 Districts may be rebuilt on the existing foundation in the event of damage or destruction, provided that the reconstruction is started within three years of the date of destruction.
(2)
In the event that damage or destruction of a structure in which a nonconforming use, other than a dwelling, is conducted involves 50% or less of the total floor area of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 18 months of the date of destruction.
(3)
In the event that a structure in which a nonconforming use, other than a dwelling, is conducted is damaged or destroyed by fire or other means to an extent of more than 50% of its total floor area, the structure shall be reconstructed only to house a conforming use.
§ 1502 Nonconforming Structures.
[Ord. 2007-2, 5/22/2007]
These regulations shall apply to all nonconforming structures, as defined by this chapter, in all zoning districts.
A.
Structural alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity, except when the Zoning Hearing Board, after public hearing, may determine undue hardship and may authorize a reasonable modification of such structure.
B.
Damage or destruction. Any nonconforming structure that has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that the repair or reconstruction and reoccupancy of the structure occurs within 18 months of the date that the original structure was damaged or destroyed.
C.
Moving. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the requirements of the zoning district in which it is located.
D.
Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made that increase the gross surface area of the sign; however, nonconforming signs that are damaged or destroyed to an extent of more than 50% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this chapter.
(2)
The structure of a nonconforming sign shall not be enlarged, added to or replaced by another nonconforming sign. The surface area of a nonconforming sign shall not be enlarged or added to; however, the replacement of advertising panels or the message displayed shall be permitted. The surface area of a nonconforming sign may be reduced even though the reduced surface area remains nonconforming.
E.
Repair or maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the safety of the public.
§ 1503 Nonconforming Lots.
[Ord. 2007-2, 5/22/2007]
The following regulations shall apply to nonconforming lots, as defined by this chapter:
A.
Lot area and lot width. Any lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the zoning district in which it is located, without a lot area or lot width variance, even though its lot area and width are less than the minimum required by this chapter; however, such lot shall comply with the front, rear and side yards, height and lot coverage standards of the zoning district wherein it is located.
B.
Front yard setback. Where structures exist on adjacent nonconforming lots of record that have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards on the immediately adjacent developed nonconforming lots on either side of the undeveloped lot.
§ 1504 Registration of Nonconformity.
[Ord. 2007-2, 5/22/2007]
1.
The owner of a nonconforming use shall make an application for registration of the nonconforming use, and, upon presentation of documentation acceptable to the Zoning Officer that the use was lawfully in existence prior to the effective date of this chapter or any amendment that created the nonconformity, the Zoning Officer shall register the same on a map and by its Washington County Assessor's tax parcel number as a legal nonconforming use.
2.
In the course of administering this chapter and reviewing applications for zoning certificates or variances, the Zoning Officer shall register all nonconforming structures and nonconforming lots as they become known through the application process.