Washington Township
City Zoning Code
City Zoning Code
ARTICLE XVII
Nonconforming Lots, Uses, Structures and Buildings
§ 131-88 Continuance of nonconformities.
A.
Within the zoning districts established by this chapter or any subsequent amendment hereto, there may exist certain nonconformities which were lawful before this chapter was adopted or amended. Such nonconformities may be continued, subject to those limitations and conditions specified by this article, even though such nonconformities would be prohibited or restricted under the terms of this chapter or future amendments hereto.
B.
To avoid undue 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 construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which construction activity has been diligently carried on.
§ 131-89 Nonconforming lots of record.
A.
In any district wherein single-family detached dwellings are permitted, such a dwelling and its customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the applicable requirements for lot area, lot width or both lot area and width, provided that the applicable minimum yard requirements are satisfied. Requests for variance from such yard requirements shall be as provided for in § 131-105A of this chapter.
B.
If two or more lots, combination(s) of lots and portion(s) of lots with continuous frontage in single ownership are of record at the time of the adoption 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 with width or area less than what is required by this chapter.
§ 131-90 Nonconforming uses of land.
Lawful uses of land which become nonconforming as a result of the adoption or amendment of this chapter may be continued by the present or any subsequent owner so long as they remain otherwise lawful, subject to the following provisions:
A.
Extension. A nonconforming use may be extended or increased by not more than 50% of the extent of such use as it existed upon the effective date of this chapter.
B.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of not less than 12 consecutive months, such use shall not be reestablished or resumed. After such time, all uses shall be in conformance with the provisions of this chapter.
C.
Changes of use. A nonconforming use, if changed to a conforming use, shall not thereafter revert to the previous nonconforming use, nor shall it be changed to any other nonconforming use.
§ 131-91 Nonconforming structures and buildings.
Structures and buildings which become nonconforming as a result of the adoption or amendment of this chapter by reasons of restrictions on area, lot coverage, height, yards, location on the lot or other requirements concerning the building or structure may be continued to be used by the present or any subsequent owner so long as they remain otherwise lawful, subject to the following provisions:
A.
Enlargement. Nonconforming structures and buildings may be enlarged or extended, provided that such enlargement or extension shall not worsen the aspect of nonconformity nor create any new aspect of nonconformity.
B.
Moving of structure or building. No nonconforming structure or building shall be moved unless it shall thereafter be in conformance with all applicable zoning regulations.
C.
Destruction. Should any nonconforming structure or building be destroyed wholly or in part by any means, such structure or building may be reconstructed in the same location, provided that:
§ 131-92 Nonconforming uses of structures and buildings.
Lawful uses of structures and buildings which become nonconforming as a result of the adoption or amendment of this chapter may be continued by the present or any subsequent owner so long as they remain otherwise lawful, subject to the following provisions:
A.
Extension.
(1)
A nonconforming use may be extended throughout any part of an existing structure or building.
(2)
A nonconforming use may be extended to occupy additions or extensions to an existing structure or building, provided that such additions or extensions are in conformance with the area and bulk regulations of the applicable zoning district, and further provided that such additions or extensions will not accommodate an expansion of the nonconforming use greater than 50% of the floor area occupied by said nonconforming use at the time such nonconforming use became nonconforming.
B.
Change of use. A nonconforming use, if changed to a conforming use, shall not thereafter revert to the previous nonconforming use, nor shall it be changed to any other nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a structure, building or part thereof has been discontinued for a period of not less than 12 consecutive months, such use shall not be reestablished or resumed. After such time, all uses shall be in conformance with the provisions of this chapter.
§ 131-93 Unsafe or unlawful structures or buildings.
If a nonconforming structure or building or if any portion of a structure or building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repair or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zoning district in which such structure or building is located.
§ 131-94 Use permitted as special exception to be considered conforming.
Any use which is permitted as a special exception in a zoning district under the terms of this chapter shall not be deemed a nonconforming use in such zoning district but shall, lacking further action, be considered a conforming use.