Washington Township
City Zoning Code
City Zoning Code
ARTICLE XXXV
Nonconforming Structures, Uses and Lots
§ 285-220 Nonconforming structures and uses.
A.
Continuation. Any nonconforming use or structure existing on the effective date of this chapter, June 25, 1979, may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.
B.
Discontinuance.
(1)
If a nonconforming use or structure ceases operations for a continuous period of more than one year, then this shall be deemed to be an intent to abandon such use, and any subsequent use shall conform to the regulations of this chapter.
(2)
If abandonment occurs involuntarily, the owner may request that the discontinuance be continued beyond the one-year period, provided that application for extension is made within the initial one-year period.
C.
Extension.
(1)
A nonconforming use of a portion of a building may be extended throughout the building if no structural alterations are made therein other than those necessary to assure the structural safety of the building, provided that such extension may include structural alterations when authorized by the Zoning Board of Adjustment as a special exception.
(2)
A nonconforming use of a building or land may be extended up to 25% of the area occupied by such use at the effective date of this chapter, June 25, 1979, when authorized by the Zoning Board of Adjustment. Any such extension or enlargements shall be immediately adjacent to the existing nonconforming use, shall be located on the lot held in a single and separate ownership on June 25, 1979, and shall conform to the area and height regulations of the district in which it is situated.
D.
Changes. A nonconforming use of a building or land may be changed only with the approval of the Zoning Board of Adjustment to a conforming use.
§ 285-221 Nonconforming lots.
A.
Single and separate ownership. A building may be erected on any lot held in single and separate ownership at the effective date of this chapter, February 22, 1979, which is not of the required minimum area or width. In the case of such a lot which is 50 feet or more in width, the front, rear and side yard requirements of the district in which it is situated shall be observed. In the case of such a nonconforming lot which is less than 50 feet in width, the plans for the proposed work shall be approved by the Zoning Board of Adjustment to assure reasonable compliance with the spirit of the zoning regulations.
B.
Lots not in single and separate ownership. Buildings may be erected on lots which are not held in single and separate ownership at the effective date of this chapter, February 22, 1979, and which are not of the required area or width if such lots are included in a land subdivision and development plan which has received at least preliminary approval by the Planning Board prior to the effective date of this chapter, February 22, 1979.
C.
Reduction of lot. No lot area shall be so reduced that the area of the lot or the dimensions of the yard areas shall be smaller than herein prescribed.