Zoneomics Logo
search icon

Yankee Springs Township
City Zoning Code

ARTICLE XVI

NONCONFORMING USES AND STRUCTURES

Sec. 16.1.- Purpose.

This article shall provide a means of continuing lawful nonconforming uses or structures and dwellings, in existence on the effective date of this ordinance.

Sec. 16.2. - Nonconforming Uses.

Lawful nonconforming uses in existence on the effective date of this ordinance shall be allowed to continue under the following conditions:

1.

The nonconforming use shall not be expanded, added to or altered unless such expansion, alteration or addition is in conformity with the provisions of this ordinance.

2.

If a nonconforming use is changed to a permitted use, in the zoning district in which it is located, it shall not revert or be changed back to a nonconforming use.

3.

If a nonconforming use is terminated for a continuous period of twelve (12) months or more the use shall not be reestablished and all future use of the land shall be in conformity with the provisions of this ordinance.

Sec. 16.3. - Nonconforming Structures and Dwellings.

Lawful nonconforming structures and dwellings in existence on the effective date of this ordinance shall be allowed to continue provided the cost of repair or replacement of a nonconforming structure or dwelling, which has been destroyed by reason of windstorm, fire, explosion, an act of god or the public enemy, does not exceed fifty (50) percent of the total replacement cost of the building.

1.

Repairs to structures or dwellings: Nothing in this ordinance shall prevent the repair or reinforcement of an existing nonconforming structure or dwelling that may be necessary to secure or ensure continued use of such structure or dwelling during its natural life.

2.

Additions to structures or dwellings: Nonconforming structures or dwellings may be enlarged providing the addition is located in conformity with the requirements of the zoning ordinance.

3.

Replacement of existing nonconforming dwellings: Existing nonconforming dwellings of less than twenty-four (24) feet in width, located in any zoning district other than the "manufactured housing community" zoning district shall not be replaced except by dwellings conforming to the requirements of this ordinance.

4.

Replacement of nonconforming structures, other than dwellings: Existing nonconforming structures, other than dwellings, shall not be replaced except by structures that conform to the requirements of this ordinance.

Sec. 16.4. - Variances.

The zoning board of appeals is hereby granted the authority to approve a variance from the requirements of this article providing the board of appeals has taken into consideration:

1.

The condition of the existing structure or dwelling.

2.

The expected lifetime of the structure or dwelling.

3.

The proximity and character of nearby uses

4.

The future development of the area.