Sparta Township City Zoning Code
§ 18-4.6
Nonconforming Uses and Structures.
[Ord. No. 636 A 406; Ord. No. 841 § XVIII; Ord. No. 07-08 §§ 1 — 3; Ord. No. 10-01; Ord. No. 12-02]
a.
Continuance of Use. Any lawful nonconforming use which existed on the date of adoption of this chapter may be continued and any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations.
1.
A nonconforming use shall not be enlarged unless the use is changed to a conforming use, provided, however, that where a building meets the use requirements of this section and is nonconforming because of height, area and/or yard regulations, said use may be enlarged providing the height, area or yard regulations are not further violated.
2.
A nonconforming use changed to a conforming use shall not hereafter be changed back to a nonconforming use.
3.
A nonconforming use in existence on the date of adoption of this chapter shall not be permitted to be changed to another nonconforming use.
4.
In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be prima facie evidence of an abandonment of the use without the review of the Zoning Board of Adjustment. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this section.
5.
Expansion of Residential Use. A nonconforming residential use or structure may be expanded to provide additional living space provided the expansion does not infringe further upon any nonconforming side, front, or rear yard for the first floor expansions only. Second story and half-story expansions must comply with the setback requirements of the zone. However, no additional building exteriors shall be closer than five feet to any side or rear lot line.
b.
Completion of Existing Buildings. Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit, and completed within the terms of such permit.
c.
Restoration of Existing Buildings. Any nonconforming use or structure existing on the date of adoption of this chapter may be continued upon the lot or in the building so occupied and any structure may be restored or repaired in the event of partial destruction thereof.
d.
Unlawful Use Not Authorized. Nothing in this chapter shall be interpreted as implied authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect on July 6, 1965.
e.
Nonconforming Due to Reclassification. The foregoing provisions of this section, except for as provided in Subsection d above, shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter.
f.
Building and Structure Expansion. Additional living space expansion shall not be permitted on any residential lot over existing impervious surfaces that exceeds the impervious cover requirement of the residential zone district.