Sparta Township City Zoning Code
NON-CONFORMITIES
§ 154.140 INTENT.
(A) It is recognized that there exist certain buildings, structures, uses and lots that were lawful before this chapter (or an amendment to this chapter) was adopted, and which were legally established, but would be prohibited, regulated or restricted under the current regulations of this chapter. It is the intent of this chapter to allow non-conforming lots, buildings and structures and uses to continue until they are removed, but not to encourage their survival.
(B) Non-conforming lots, buildings, structures and uses are hereby declared by this chapter to be incompatible with this chapter and the zoning districts in which they are located. It is the intent of this chapter that, unless otherwise expressly permitted, non-conformities shall not be enlarged upon, intensified, expanded or extended without proper approvals, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the zoning district or this chapter.
(Ord. passed 7-12-2012, § 5.1)
§ 154.141 GENERAL REQUIREMENTS.
(A) No building, structure or part thereof shall be constructed, erected, moved, placed, maintained, reconstructed, used, extended, enlarged or altered, except in full conformity with the regulations herein specified for the zoning district in which it is located and this chapter.
(B) No use shall be established on any lot, land or premises, except in full conformity with the use regulations of the zoning district in which it is located and the requirements of this chapter.
(C) No building or structure shall be established, constructed or used on any lot, land, or premises except in full conformity with the regulations of the zoning district in which it is located and the requirements of this chapter.
(D) Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building for which a building permit was issued or 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 diligently conducted. A building permit shall be valid only in the event that the construction that is the subject of the permit commences within 60 days after the date of issuance and shall be completed within one year of the issuance date.
(E) The township may acquire, through purchase or condemnation, non-conforming lots, uses, buildings and structures. The Township Board may take these actions in the manner as provided by law.
(F) Notwithstanding the above or anything in this subchapter, a building, structure or part thereof can be altered so as to bring it into greater conformity with this chapter.
(Ord. passed 7-12-2012, § 5.2) Penalty, see § 154.999
§ 154.142 NON-CONFORMING USES.
(A) If a non-conforming use is abandoned or does not occur for any reason for a period of 12 consecutive months or longer, any subsequent use shall fully conform to the requirements of this chapter.
(B) A non-conforming use shall be considered abandoned if one or more of the following conditions exists, and shall be deemed to constitute an intent on the part of the property owner to abandon the non- conforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings or grounds have fallen into disrepair;
(3) Signs, structures or other indications of the existence of the non-conforming use have been removed;
(4) Removal of equipment or fixtures that are necessary for the operation of the non- conforming use; or
(5) Other actions, which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner, tenant or lessee to abandon the non-conforming use.
(C) Uses that are non-conforming solely because of height, area, parking or loading provisions may be expanded; provided that, the Zoning Administrator determines that all of the following are applicable:
(1) For the purposes of this division (C), expansion shall include extension or enlargement of the use;
(2) All zoning district requirements (and other ordinance requirements) are satisfied with respect to the expansion;
(3) The expansion shall not substantially extend the life of any non-conforming use by reason of parking and loading provisions; and
(4) The non-conforming use is made more conforming or less non-conforming by the addition of parking and/or loading space. Thereafter, any subsequent expansion of the non-conforming use or change in use will not be allowed if it requires even greater parking and/or loading space.
(D) A non-conforming use not addressed in division (C) above may be enlarged when authorized by the Zoning Board of Appeals, subject to all of the following provisions.
(1) The enlargement, when allowed, shall not exceed 25% of the area devoted to a non-conforming use at the effective date of this chapter or relevant amendment thereto.
(2) Any building used for the non-conforming use shall not be non-conforming or require a variance to effectuate the enlargement of the non-conforming use.
(3) The expansion does not create, or make worse, any adverse effect on surrounding properties or the neighborhood.
(4) The expansion does not intensify the use or unreasonably extend its probable duration.
(E) An existing non-conforming use may be changed to another non-conforming use; provided that, all of the following determinations are made by the Zoning Board of Appeals.
(1) The proposed use shall be as compatible as or more compatible with the surrounding neighborhood than the previous non-conforming use.
(2) The proposed non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous non-conforming use, except as may otherwise be allowed by this section.
(3) That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this chapter.
(4) Once returned to a conforming use, the previous non-conforming use shall be considered abandoned and may not be reestablished. Subsequent uses shall all conform to the requirements of the zoning district.
(Ord. passed 7-12-2012, § 5.3)
§ 154.143 NON-CONFORMING BUILDINGS.
(A) Any building or structure existing and lawful at the time of enactment of this chapter, or amendments thereto, may be continued although the structure does not conform to the current provisions of this chapter.
(B) Repairs and maintenance work may be made as are required to keep a non-conforming building or structure in a sound condition.
(C) In the event fire, wind or an act of God or the public enemy damages any non-conforming building(s) or structure(s), it may be rebuilt or restored provided that the total costs of repair or restoration shall not exceed 50% of the cost of replacing the entire building or structure before the building or structure was damaged. The Building Inspector shall determine the cost of reconstruction.
(D) A non-conforming building shall not be expanded in any manner that increases its non- conforming condition. However, it may be expanded in other dimensions; provided that, it is in full conformance with this chapter.
(Ord. passed 7-12-2012, § 5.4) Penalty, see § 154.999
§ 154.144 NON-CONFORMING LOTS.
(A) If a non-conforming lot has less than the minimum required area, frontage or width required for the zoning district in which it is located, the area, frontage or width may be maintained, unless regulated by division (C) below, but shall not be made more non-conforming.
(B) Where a non-conforming commercial or industrial lot can provide the side and front yard requirements of its zone, the permitted uses of the zoning district shall be allowed.
(C) Where a lot of record in lawful existence at the time of the adoption or amendment of this chapter does not meet the minimum requirements for lot width, dimension or lot area, such lot of record may be used for any purposes permitted by the district in which the lot is located; provided that, any building or structure constructed on the lot complies with all yard setback requirements.
(D) If two or more adjoining lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this chapter, or an amendment thereto, with continuous frontage and under single ownership do not meet the requirements established for lot width, dimension or lot area, the lands involved shall be considered to be an undivided single lot for the purposes of this chapter, and no portion of such lot shall be used or divided in a manner which diminishes compliance with lot width, dimension and area requirements established by this chapter.
(E) Where two or more non-conforming adjacent lots are in the same or similar ownership and each contain less than minimum required area, dimension or width of the zoning district in which it is located, the lots shall be considered a single lot for zoning purposes. These lots may not be used individually, but shall be deemed automatically combined to create a lot that conforms as closely as possible to the zoning district regulations.
(F) A non-conforming lot may only be expanded if it is brought into closer conformity with the regulations specified for the zoning district in which it is located.
(Ord. passed 7-12-2012, § 5.5; Ord. 23-6, passed - -2023, § 1)
§ 154.145 NON-CONFORMING SIGNS.
(A) Every permanent sign in lawful existence at the time of adoption of this chapter which does not conform to the height, size, area, location or other requirements of this chapter is deemed non-conforming.
(B) Non-conforming signs may not be expanded, enlarged or extended, but they may be maintained and repaired as allowed by this chapter so as to continue their useful life.
(C) A non-conforming sign may be diminished in size or dimension, or the copy on the sign may be amended or changed, without adversely affecting the status of the sign as a non-conforming sign. However, no non-conforming or other sign may be converted into a digital, tri-vision, LED or similar sign.
(D) (1) If a sign loses its legal non-conforming designation or status, the sign (and all portions thereof) shall be removed immediately and shall not be repaired, replaced or rebuilt unless it fully complies with all requirements of this chapter. A non-conforming sign shall lose its lawful non-conforming designation and status if the Zoning Administrator determines that any of the following is applicable:
(a) The sign is relocated, moved, rebuilt or replaced; and/or
(b) The sign is destroyed. A sign shall be deemed destroyed if any of the following occurs:
1. The sign is torn down or demolished;
2. The sign is wrecked or ruined;
3. Such damage has been done to the sign that it cannot be returned to its prior state by routine repair, but only by replacement or material rebuilding; or
4. More than 50% of the face of the sign has been shattered, or a portion of the sign face touches the ground.
(2) If a sign is destroyed, division (E) below (which applies only to repairs and maintenance) shall not be applicable;
(3) Even if a sign has not been destroyed, but damage or deterioration has occurred to the point of 50% or more, as defined in division (E) below, the sign shall be deemed to have lost its legal non-conforming status;
(4) The structure or size of the sign is altered in any material way other than a change of copy or normal maintenance which does not physically alter the sign;
(5) There is a material change in the use of the premises where the sign is located;
(6) A building permit is issued for any construction on the premises where the sign is located which increases the total building square footage by more than 5% or 5,000 square feet, whichever is less; or
(7) The sign is abandoned.
(E) (1) This division (E) shall not apply if a legal non-conforming sign has been destroyed, since a destroyed sign automatically loses its legal non-conforming designation and status. If a legal non-conforming sign suffers 50% or more damage, destruction or deterioration, it must be brought into full compliance with this chapter or be removed.
(2) In order to determine whether or not a sign has been damaged or has deteriorated by 50% or more, the costs of physically repairing the sign shall be compared to the costs of physically replacing the sign.
(3) If less than 50% damage or deterioration has occurred pursuant to such comparison, the sign may be repaired to its exact original state.
(Ord. passed 7-12-2012, § 5.6)
§ 154.146 BURDEN OF PROOF.
The burden of proof for establishing or proving the existence or any aspect of a lawful non-conforming structure, lot or use (as well as the size, scope, intensity and extent thereof) is on the owner of the property involved.
(Ord. passed 7-12-2012, § 5.7)