Troy City Zoning Code
ARTICLE VIII
Non-Conforming Lots, Buildings, Structures and Uses
Section 405.295 Purpose.
[R.O. 2006 §405.200; Ord. No. 503A, 7-17-2000]
A.
Within the zoning districts established by this Chapter, or by amendments thereto, there exists buildings, structures, uses and lots which were lawfully established prior to the adoption of this Chapter or amendments thereto, but which do not conform to the regulations contained within this Chapter. It is the intent of this Chapter to eliminate these non-conformities and to permit these buildings, structures, uses and lots to continue only until they are discontinued, damaged or removed except as provided herein. These non-conformities can be incompatible with the buildings, structures and land uses permitted by this Chapter in certain zoning districts. In addition, these non-conformities may not be compatible with the City's Comprehensive Land Use Plan. It is the further intent of this Chapter that such non-conformities shall not be enlarged, expanded or extended except as provided herein, nor to be used as grounds for adding other buildings, structures and uses prohibited elsewhere in the same district.
B.
Non-conformities made unlawful by generally applicable public health, safety or welfare ordinances of the City, enacted in whole or in part pursuant to authority other than the City's zoning authority, shall not be governed by this Section and shall have no right of being continued unless otherwise provided by law.
Section 405.300 Non-Conforming Lots of Record.
[R.O. 2006 §405.205; Ord. No. 503A, 7-17-2000]
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings or structures may be erected on any single lot lawfully of record at the effective date of adoption or amendment of this Chapter (July 17, 2000). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district.
Section 405.305 Non-Conforming Buildings and Structures.
[R.O. 2006 §405.210; Ord. No. 503A, 7-17-2000]
A.
Where, on the date of adoption or amendment of this Chapter, a lawful building or structure exists that could not be built under the regulations of this Chapter by reasons of restrictions upon lot area, lot width, lot coverage, height, off-street parking, setbacks or other characteristics, such building or structure may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement. Such building or structure may be enlarged, expanded, extended or altered only if the non-conformity is removed.
2.
Destruction. Should any such building or structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter.
3.
Relocation. Should any such building or structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
Section 405.310 Non-Conforming Uses of Lots, Buildings and Structures.
[R.O. 2006 §405.215; Ord. No. 503A, 7-17-2000]
A.
Where, on the date of adoption of this Chapter, a lawful use of a lot, building or structure exists that is no longer permissible under the regulations of this Chapter, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
Enlargement, non-conforming lots. No such non-conforming use of a parcel or lot shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter (July 17, 2000), and no additional accessory use, building or structure shall be established herein. A non-conformity may not be expanded to cover more land area than was occupied by that non-conformity when it became non-conforming, or such reduced area to which the non-conformity may have been lawfully converted.
2.
Enlargement, non-conforming buildings and structures. No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, constructed, reconstructed, moved or structurally extended or altered except in changing the use of such lot, building or structure to a use permitted in the district in which such lot, building or structure is located. No physical alteration of structures or placement of new structures on open land shall occur if such activity results in:
3.
Increase in intensity, non-conformities. The volume, intensity or frequency of use of the property, where a non-conformity exists, may not be increased and the equipment or processes used at a location where a non-conformity exists may not be changed if these or similar changes cause an increase in the degree of activity.
4.
Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied at the date of the adoption of this Chapter, nor to another parcel or lot not in conformance with this Chapter.
5.
Change in use not permitted. An existing non-conforming use of a lot, building or structure shall not cause further departures from the Zoning Ordinance. Although an existing non-conforming use may be continued, except as herein limited, it may not be changed to another use, except to a similar use or to a use permitted in the district in which it is situated and provided it complies with the requirements of this district.
6.
Discontinuance. When a non-conforming use of a lot, building or structure is discontinued or abandoned for more than twelve (12) months (except where government action prevents access to the premises), the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.
Section 405.315 Repairs and Maintenance.
[R.O. 2006 §405.220; Ord. No. 503A, 7-17-2000]
Repairs and normal maintenance required to keep buildings in a safe and sanitary condition may be made to non-conforming buildings or structures, provided that no alterations shall be made except those required by law or ordinance, unless the building or structure is changed to a conforming use in compliance with this Chapter.
Section 405.320 Change of Ownership, Tenancy or Management.
[R.O. 2006 §405.225; Ord. No. 503A, 7-17-2000]
There may be a change of ownership, tenancy or management of an existing non-conforming use, building or structure, provided there is no change in the nature or character, extent or intensity of such non-conforming use, building or structure.
Section 405.325 Non-Conforming Use Due To Change in Zoning.
[R.O. 2006 §405.230; Ord. No. 503A, 7-17-2000]
When the use of a building becomes non-conforming due to an amendment to the Zoning Ordinance or Zoning District Map, such use may be continued, and if no structural alterations are made, it may be changed to another non-conforming use of a higher classification.
Section 405.330 Completion of Pending Construction and Building Permits.
[R.O. 2006 §405.235; Ord. No. 503A, 7-17-2000]
Nothing in this Chapter shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Chapter, nor shall nothing contained herein require any change in the plans or designated use of a building for which a building permit has been heretofore issued, or plans or subdivision plats which have been previously approved, but not yet constructed, prior to the adoption of this Chapter.
Section 405.335 Conditional Uses.
[R.O. 2006 §405.240; Ord. No. 503A, 7-17-2000]
Any use existing prior to the adoption of this Chapter, and which is permitted as a conditional use in a district under the terms of this Chapter, shall be deemed a conditional use in such district and shall without further action be considered a conforming conditional use.