Topton City Zoning Code
NONCONFORMING LOTS
USES, STRUCTURES AND BUILDINGS
§ 154.115 STATEMENT OF INTENT.
(A) Within the zoning districts established by this chapter or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued subject to certain limitations, although such nonconformities would be prohibited, regulated, or restricted under the terms of this chapter or amendments thereto.
(B) To avoid such hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been continuously carried on and not abandoned as described in § 154.117.
(Ord. passed 7-13-2015)
§ 154.116 NONCONFORMING LOTS OF RECORD.
(A) Where there is a vacant lot of official record, which lot at the time of adoption of this chapter does not include sufficient land to conform to the yard or other requirements of this chapter, an application may be submitted to the ZHB by the owner of said lot for variance from the terms of this chapter.
(B) Any existing lot of record held in single and separate ownership different from the ownership of abutting lots may be used for the establishment of a use and/or erection of a structure which will contain a use permitted by the applicable zoning district in which it is located even though its dimensions are less than the minimum requirements of this chapter, except as set forth herein.
(C) Lots held in single and separate ownership. Any lot held single and separate ownership of the effective date of this chapter which does not meet the minimum size requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height and open space requirements are met; provided, that if two or more lots, combination of lots and portion or lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this chapter.
(Ord. passed 7-13-2015)
§ 154.117 ABANDONMENT.
(A) A nonconforming use may not be re-established if the use is abandoned for a continuous 12- month period.
(B) Vacation of land or building or the termination of the use normally carried on upon the property shall be evidence of abandonment, as shall any of the following:
(1) Failure to file an executed lease;
(2) Failure to secure the building envelop;
(3) Failure to maintain utility service; and
(4) Failure to secure or maintain a license or permit for a nonconforming use.
(C) Applicants may submit a one-time written request for a six-month extension of the permitted abandonment period for cause.
(D) A nonconforming use, building or structure shall be considered immediately abandoned without right of reestablishment if the building or structure is demolished or if the nonconforming use, building or structure is replaced with a conforming use, building or structure.
(Ord. passed 7-13-2015)
§ 154.118 CHANGE.
(A) A nonconforming use may be changed to a conforming use by right.
(B) A nonconforming use may not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception.
(1) The proposed use shall be of the same or more restricted classification than the existing use and shall not be more detrimental to the district than the existing use of the property.
(2) The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception.
(C) A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use.
(Ord. passed 7-13-2015)
§ 154.119 EXPANSION.
(A) A nonconforming use, building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of enactment of this chapter.
(B) A nonconforming use, building or structure shall not be enlarged or increased in a manner which will further violate any regulation imposed by this zoning chapter. No additional structures, uses, or buildings which do not conform to the requirements of this chapter shall be erected or established in connection with existing nonconforming uses, structures or buildings.
(C) A nonconforming use, building or structure may be expanded once up to 5%.
(D) (1) A nonconforming use, building, or structure may not be expanded more than 5% unless such expansion has been approved as a special exception by the Zoning Hearing Board.
(2) A dimensional nonconformity may be extended provided that the extent of the nonconformity is not increased, and no new nonconformity is created.
(E) Total future expansion of a nonconforming building, structure or use shall not exceed 50% of the lot area occupied by the building, structure or use at the time this zoning chapter becomes effective.
(F) Nonconforming signs shall not be expanded.
(Ord. passed 7-13-2015)
§ 154.120 REPAIR, MOVEMENT AND REPLACEMENT.
(A) Nonconforming buildings and structures and buildings and structures containing nonconforming uses may be repaired, provided that no repairs shall be made which will further extend the violation of any requirements of this chapter.
(B) A building or structure containing a nonconforming use or a nonconforming building or structure may be replaced by a new building or moved to another location on the same lot provided that the new or relocated building or structure complies with all coverage, yard and height requirements of the zoning district in which it is located.
(Ord. passed 7-13-2015)
§ 154.121 DAMAGE OF DESTRUCTION.
(A) Any nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are totally destroyed by any means and declared structurally unsound for occupancy by the Building Code Official may be rebuilt and used for the same nonconforming use or a nonconforming use of a more restricted classification. Any subsequent building or structure or use of land shall not be more nonconforming in any respect than the building, structure or use of land which existed prior to destruction, unless a special exception is granted by the Zoning Hearing Board. New construction shall begin within 12 months of the date of destruction and diligently pursued. Applicants may submit a one-time written request for a six-month extension of the construction start date for cause.
(B) A nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are partially destroyed but the building or structure is not declared structurally unsound for occupancy by the Building Code Official, may be reconstructed. The reconstructed portions of a building or structure shall not be more nonconforming in any respect than the portions of the building or structure which were destroyed.
(Ord. passed 7-13-2015)