Swanton City Zoning Code
ARTICLE 150
41 NONCONFORMING USES, LOTS, BUILDINGS, AND SITES
§ 150.411 INTENT.
Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of a nonconforming structure, site condition, building or land use are established in order to achieve, among others, the following purposes:
(A) To permit the continuance but control a nonconformity so as to minimize any adverse effect on the adjoining properties and development;
(B) To regulate their maintenance and repair;
(C) To restrict their rebuilding if substantially destroyed;
(D) To establish regulations for the development of nonconforming lots, and lots containing nonconforming site conditions;
(E) To establish regulations for the use, restoration, reconstruction, and expansion of structures that do not conform to the standards set forth in this Zoning Code;
(F) To require the permanent discontinuance of a nonconforming use when not operated for certain periods of time; and require eventual conformity in accordance with the objectives of this zoning code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.412 LAWFUL NONCONFORMANCE.
The provisions of this Chapter shall apply to any building, structure, land, site condition, or use of such building, structure or land, hereafter becoming nonconforming as a result of the adoption of this Zoning Code as well as amendments made to this Zoning Code or the Official Zoning Map.
(A) The lawful use of any dwelling, building or structure and of any land use or premises as existing and lawful at the time of enacting this Zoning Code, may be continued, although such use does not conform to the provisions of this zoning code. The completion, restoration, reconstruction, extension or substitution of such nonconforming use shall be subject to the provisions and conditions as set forth in this Article.
(B) A nonconforming lot, use, site condition, building or structure does not constitute a nonconformity with regulations if such nonconformity was permitted pursuant to a legally granted variance from a zoning regulation.
(C) Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the district in which it is located. For the purpose of this Zoning Code, ordinary repairs shall also include the replacement of equipment which is required for safety of operation, and the replacement or substitutions of machinery or equipment.
(Ord. 2023-03, passed 2-27-2023)
§ 150.413 NONCONFORMING USE OF BUILDINGS, STRUCTURES, OR LAND.
A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(A) Change or Substitution of Nonconforming Use.
(1) A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless the Planning Commission finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use.
(2) In permitting such change, the Planning Commission may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.
(3) Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Zoning Code and shall be punishable under Article 150.71, Enforcement and Penalties.
(4) If the Planning Commission permits a change or substitution of a nonconforming use, whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(B) Change of Nonconforming Use to Permitted Use. Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Whenever such a change is made, no nonconforming use shall be resumed or reinstated.
(C) Land Occupied by Nonconforming Use.
(1) Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming, unless otherwise specified.
(2) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.
(D) Structures Occupied by Nonconforming Use.
(1) Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.
(2) Expansion of Building(s). No building occupied by a nonconforming use shall be enlarged or expanded to increase the nonconforming use, and no additional structures shall be constructed in connection with such nonconforming use unless the Planning Commission determines that the proposed expansion and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Planning Commission shall consider the following:
(a) Hours of operation;
(b) Volume and type of sales;
(c) Type of processing activity;
(d) Nature and location of storage;
(e) Traffic generation by volume, type, and characteristics;
(f) Parking and loading characteristics; and
(g) Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Reconstruction of a Building Occupied by a Nonconforming Use. Except as provided for in subsection (D)(4) below, no building or structure occupied by a nonconforming use shall be reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Planning Commission determines that the proposed improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.
(4) Damage or Destruction of Building Occupied by a Nonconforming Use.
(a) Any building or structure occupied by a nonconforming use that has been destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of 50% or more of its cost of restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this zoning code.
(b) The total structural repairs, improvements and alterations including repairs occasioned by fire, other casualty, act of God or by a public enemy to the extent of less than 50% of its cost of restoration, shall not, exceed 50% of the current reproduction value of the structure, unless the structure or use be permanently changed to a conforming use.
(c) Determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the village, and the third to be selected by the mutual consent of the two parties.
(d) In the case of repair or replacement of partial destruction of the structure, a zoning permit shall be applied for within six months of the destruction and repairs shall be completed within six months of the issuance of the permit or the nonconforming use shall be considered to be abandoned.
(E) Discontinuance and Abandonment. Any nonconforming use of land or a building or structure shall be considered abandoned when the owner, lessee or tenant has voluntarily discontinued such use for two consecutive years.
(Ord. 2023-03, passed 2-27-2023)
§ 150.414 NONCONFORMING BUILDINGS AND STRUCTURES.
A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(A) Enlargement, Repair, and Alterations. A nonconforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the district in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure with respect to the regulations in this Zoning Code.
(B) Moving. A nonconforming building or structure may be moved to a different location on the same lot or other parcel of land within the district, with approval of the Planning Commission, after a hearing, and provided proper and adequate alterations are scheduled to make the building or structure conform to the regulations of the district where it is to be located.
(C) Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within six (6) months of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply with § 150.413(D)(4)(b)-(d).
(D) Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(E) Variances. Variances from district regulations on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Planning Commission where necessary and where such variance meets the requirements of an area variance.
(Ord. 2023-03, passed 2-27-2023)
§ 150.415 NONCONFORMING LOTS.
A lot of record that on the effective date of this Zoning Code, or any amendment thereto, does not comply with the lot area and/or lot width regulations of the district in which the lot is located may be used as follows:
(A) Existing Buildings on Nonconforming Lots of Record.
(1) Existing Building on a Nonresidential Nonconforming Lot. If a nonconforming lot is occupied by a building, such building shall be maintained and may be repaired, modernized or altered, provided that the building shall not be enlarged in floor area unless the enlarged section(s) complies with all regulations of this Zoning Code, except the lot area and lot width regulations of the district in which the lot is located.
(2) Existing Dwelling on a Residential Nonconforming Lot. If a nonconforming lot is occupied by a dwelling, such dwelling may be maintained, repaired or altered; provided, however, the dwelling shall not be enlarged in floor area unless the expansion complies with the depth of the front setback, width of side setbacks and the rear setback regulations. No portion of the new building shall increase the nonconforming condition.
(B) Vacant Nonconforming Lot(s) of Record.
(1) Nonconforming Lot(s) of Record in a Residential District. A nonconforming lot in a Single-family or Multi-family Residential District may be used provided that:
(a) No adjoining vacant lot or parcel of land was owned by the same owner on the effective date of this zoning code;
(b) No adjoining land, or other vacant land can be equitably acquired; and
(c) All other regulations of this zoning code, except the lot area and width regulations, shall be complied with.
(2) Vacant Nonconforming Lot in a Nonresidential District. A vacant nonconforming lot in a nonresidential district may be used for any use permitted in the district in which it is located when the development of such lot meets all development requirements of the district in which it is located, including the maximum lot coverage and minimum setback requirements, except for the minimum lot area and lot width requirements, except that no use that requires a greater lot size than the established minimum lot size for a particular district shall be permitted on a nonconforming lot. Review and approval of development on such lots of record shall be conducted according to the development plan review requirements set forth in Article 150.65.
(Ord. 2023-03, passed 2-27-2023)
§ 150.416 NONCONFORMING PARKING FACILITIES.
A building, use or structure existing lawfully at the time this zoning code or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use or a use of similar intensity as determined by the Planning Commission without such parking and/or loading facilities being provided; however, any parking spaces that may be provided thereafter shall comply with the applicable regulations set forth in Article 150.37.
(Ord. 2023-03, passed 2-27-2023)
§ 150.417 NONCONFORMING SITE CONDITIONS EXISTING AT TIME OF DEVELOPMENT PLAN REVIEW.
If a nonconforming site condition(s) exists when a revised development plan is required pursuant to Article 150.65, then such site condition(s) shall be brought into compliance with district regulations, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such case, the Planning Commission shall approve a site plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable.
(Ord. 2023-03, passed 2-27-2023)
§ 150.418 NONCONFORMING SIGNS.
A sign, lawfully existing at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which fails to conform to the sign regulations of the district in which it is located is a nonconforming sign. Non-conforming signs shall comply with the regulations set forth in Article 150.35, Sign Regulations.
(Ord. 2023-03, passed 2-27-2023)
§ 150.419 EXISTING USE DEEMED CONDITIONAL USE; APPLICATION REQUIRED FOR CHANGE.
Any lawfully existing use that, at the time of its establishment, was not classified as a conditional use, but which now, because of the passage of this Zoning Code, or amendment thereto, is listed as a conditional use in the district in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval according to the procedures for conditional uses set forth in Article 150.67.
(Ord. 2023-03, passed 2-27-2023)