West Deer Township City Zoning Code
ARTICLE XXII
Nonconforming Uses, Structures and Lots
§ 210-139.1 When permitted.
Subject to the provisions of this section, a use of building or land existing at the time of the legal adoption of this chapter may be continued even though such use does not conform to the provisions of this chapter for the district in which it is located.
§ 210-139.2 Abandonment.
A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such a nonconforming use. A nonconforming use shall be considered abandoned as follows:
A.
When the intent of the owner to discontinue the use is apparent; or
B.
When the characteristic equipment and furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use; or
C.
When a nonconforming use has been discontinued for a period of 12 months; or
D.
When it has been replaced by a conforming use; or
E.
When it has been changed to another use under permit from the Zoning Hearing Board.
§ 210-140 Alterations.
A nonconforming building or structure may be altered, improved, or reconstructed provided such work does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use.
§ 210-141 Changes.
No nonconforming building, structure or use shall be changed to another nonconforming use. Conversion of nonconforming buildings and structures into residential uses shall be permitted in residential districts as a special exception as granted by the Zoning Hearing Board under the following requirements:
A.
The minimum yard and area requirements are in accordance with the district in which said conversion is located.
B.
There shall be a maximum of four living units per converted nonconforming building or structure.
C.
Each living unit contains a minimum of not less than 650 square feet of habitable living area.
D.
Each living unit contains not less than one bathroom and three habitable rooms, at least one of which shall be a bedroom.
E.
Separate and private sanitary facilities, separate cooking and dining accommodations are provided for each living unit.
F.
Fire and safety provisions are certified to be adequate by the Building Code Official.
G.
A minimum of two off-street parking spaces are provided for each residential unit.
§ 210-143 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a difference classification, the foregoing provisions shall apply to any nonconforming uses existing therein.
§ 210-144 Expansion of nonconforming use.
A.
A nonconforming use may be expanded as a special exception where the Zoning Hearing Board finds after a public hearing that such uses will not create a hazardous condition and will otherwise meet the following requirements:
(1)
The expansion becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
(2)
The extension does not encroach upon the yard or height requirements of the district in which the nonconforming uses is presently located.
(3)
The extension is for the purpose of expanding only that nonconforming uses in existence at the time of the legal enactment of this chapter.
(4)
The expense of such an extension shall not exceed the fair market value of the buildings or structures existing at the time of enactment of the Zoning Ordinance.
B.
Extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
§ 210-145 Recording.
All nonconforming uses existing at the time of the legal enactment of this chapter shall be recorded and maintained for public use in the office of the Zoning Officer.
§ 210-146 Restoration.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God subsequent to the date of legal enactment of this chapter wherein the new restored building or structure is no greater than 150% the floor area of the existing building or structure at the time such damage occurred. The reconstruction of the destroyed or damaged buildings shall be initiated within one year of the date of damage.
§ 210-147 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of Township regulations in existence at the time of the effective date of legal enactment of this chapter.
§ 210-148 Unsafe structure.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any portion of a building or structure declared unsafe by a proper authority.
§ 210-149 Single-family homes converted into duplexes.
A single-family home may be converted into a duplex unit if all the following circumstances are met.
A.
The two units must be separated by a fire wall approved by the Township's Building Code Official.
B.
No additional building footprint is added to the original home in order to create the duplex units unless all setbacks are met.
C.
The proposed use shall be in keeping with the character of the neighborhood and shall not negatively impact surrounding properties.