Vernon Township City Zoning Code
§ 330-181
Nonconforming buildings and uses.
[Amended 3-24-2025 by Ord. No. 25-03]
Any lawful nonconforming use which existed at the time of the passage of this article may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered subject to the following regulations:
A.
Such building shall in no case be enlarged unless the use therein is changed to a conforming use.
B.
A nonconforming use shall not be extended, expanded or enlarged at the expense of a conforming use.
C.
A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.
D.
A nonconforming use shall not be permitted to be changed to another nonconforming use.
E.
In the event that there is a cessation of operation or use of any nonconforming use for a period of six consecutive calendar months, the same shall create a rebuttable presumption of an intended abandonment of such nonconforming use. In the event that there is a cessation of operation or use of any nonconforming use for a period of 12 consecutive calendar months, the same shall be conclusively presumed to be an intended abandonment of such nonconforming use. Any subsequent exercise of such abandoned use shall be deemed a violation of this section and article.
F.
A principal building, accessory building or structure and/or deck including its foundation, which is conforming in use but violates the yard, coverage, setback, and/or height requirements of this article may be demolished and reconstructed provided that the following standards are met:
(1)
Any lawfully pre-existing, non-conforming residence constructed prior to September 26, 2005, may have constructed upon it a new dwelling, including a new foundation, and/or construction of an accessory building pursuant to Subsection F(2), below, without an appeal for variance relief and provided that:
(a)
The existing uses on the lot conform to the permitted uses in that zone; and
(b)
The new building footprint is identical to or smaller than the existing building footprint; and
(c)
The new building does not exceed the permitted height in the zone.
(2)
Any lawfully pre-existing, non-conforming accessory building or structure constructed prior to September 26, 2005 may be reconstructed provided that:
(a)
The new accessory building or structure footprint is identical to or smaller than the existing building footprint; and
(b)
The new accessory building or structure does not exceed the maximum permitted height in the zone; and
(c)
Any accessory building or structure shall not, for any length of time, exist on the property without the presence of a principal structure that has been issued a Certificate of Occupancy.
(3)
Any lawfully pre-existing, non-conforming residential deck or porch constructed prior to September 26, 2005 may be reconstructed provided that:
(a)
The new deck or porch footprint is identical to or smaller than the pre-existing porch or deck footprint.
G.
Nothing in this section shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as to not enlarge the causes for nonconformity. Any building totally destroyed in the manner aforesaid may only be reconstructed as a conforming use.
H.
Nothing in this article shall be construed to require any change in plans, construction or designed use of a building for which a building permit has been heretofore issued and diligently acted upon, which, for purposes of this section, shall mean that construction shall have been undertaken within 12 months of the date of such permit.
I.
Nothing in this article shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this article.
J.
The foregoing provisions of this section shall apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this article or any subsequent change in the regulations of this article.
K.
In all cases the nature and extent of nonconforming uses shall be determined as of the date on which such use became nonconforming whether by reason of the adoption of this article or of any previous code, article, section, chapter or amendment.
