[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
The zoning districts established by this Ordinance are designed to
guide future use of land in the region by encouraging the development
of desirable residential, commercial, and manufacturing areas with
appropriate grouping or compatible and related uses, to the end of
promoting and protecting the public health, safety, comfort, prosperity,
and other aspects of the general welfare.
B.
To achieve this end, lawfully existing uses, structures, lots, and
signs which would be prohibited or restricted under the terms of this
Ordinance or future amendments and which do not conform to the character
and regulations of the zoning district in which they are located must
be subject to certain limitations. The regulations set forth below
are intended to provide a gradual remedy for the undesirable conditions
resulting from indiscriminate mixing of uses, structures, lots, and
signs and to afford a means whereby such nonconformities can be gradually
eliminated and re-established in more suitable locations within the
Joint Municipal Region.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
Nonconforming use means a use, whether of land or of structure, which
does not comply with the applicable use provisions in this Ordinance
or amendments hereafter enacted where such use was lawfully in existence
prior to the enactment of this Ordinance or amendments or prior to
the application of this Ordinance or amendments to its location by
reason of annexation.
B.
Nonconforming structure means a structure which does not comply with
the applicable dimensional regulations, including those relating to
density, open space, impervious surfaces, building coverage, building
height, building setback, and yard in this Ordinance or amendments
hereafter enacted where such structure was lawfully in existence prior
to enactment of this Ordinance or amendments or prior to the application
of this Ordinance or amendments to its location by reason of annexation.
C.
Nonconforming lot means a lot or site which does not comply with
the applicable dimensional regulations, including those relating to
site area, lot area, and lot width, in this Ordinance or amendments
hereafter enacted where such lot was lawfully in existence prior to
enactment of this Ordinance or amendments prior to the application
of this Ordinance or amendments to its location by reason of annexation.
D.
Nonconforming sign means any sign which does not comply with Article
XI of this Ordinance or amendments hereafter enacted where such sign
was lawfully in existence prior to the enactment of this Ordinance
or amendments to its location by reason of annexation.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
The zoning officer of each municipality shall identify and register
all nonconforming uses and structures within the municipality of his
jurisdiction by the following information:
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
Continuation of a use, structure, or lot. Any use, structure, or
land, whether conforming or nonconforming, may be continued except
as hereinafter provided.
B.
Continuation of a sign. Any sign, whether conforming or nonconforming,
may be continued if it is maintained in good condition and repair
at all times.
C.
A nonconforming sign may not be replaced if destroyed.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
Nothing herein contained shall require any change in plans,
construction, or designated use of a structure or sign for which a
permit has been heretofore issued, and the construction of which has
been diligently prosecuted within three months of the date of such
permit, and the ground story framework of which, including the second
tier of beams, shall have been completed within six months of the
date of such permit, and which entire structure shall be completed
according to such plans as filed within one year from the date of
this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
Whenever a nonconforming use, structure, lot (except residential
or agricultural), or sign is transferred or sold to a new owner, such
previous nonconformity may be continued by the new owner after review
and approval by the municipal planning commission and governing body.
Should the landowner propose any changes or alterations to the nonconformity,
the municipality may impose conditions regarding layout, circulation,
and performance which it deems necessary to insure that the change
or alteration is in the best interest of the municipality. The landowner
may appeal such conditions to the Local Zoning Hearing Board subject
to the provisions of this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
If an owner of a structure or land which is occupied by a nonconforming
use desires to discontinue such use for an extended period of time
but intends to resume such use at a later date, he shall apply to
the governing body in writing for a certificate of continuance, stating
the reasons for and duration of the discontinuance and the date upon
which such use will be resumed. Certificates shall be granted for
periods of up to six months and may be renewed for additional six-month
periods upon reapplication. If a nonconforming use of land or of a
structure ceases or is discontinued for an uninterrupted period of
six months or more and no certificate has been applied for or granted,
the owner shall be presumed to have abandoned his nonconforming use,
and any subsequent use of such structure or land shall be in conformity
with the provisions of this Ordinance. If a certificate and renewal
are granted but the nonconforming use is not resumed by the end of
the certificate or renewed certificate period, the subsequent use
shall be in conformity with this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
Change of a Nonconforming Use.
1.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
2.
A nonconforming use may be changed to another nonconforming use at
the request of the owner only under all of the following conditions:
a.
Such change shall be permitted only as a special exception by
the Local Zoning Hearing Board;
b.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use; and
c.
The applicant shall show that the proposed change will be less
objectionable in external effects than the existing nonconforming
use with respect to:
B.
Change of a Nonconforming Structure, Lot, or Sign. Once changed to
conforming conditions, no structure, lot, or sign shall be permitted
to revert to nonconforming conditions.
[Amended effective 11/25/2002 by JMZO Ord. 2002-13, § III;
adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007;
adopted 6/18/2007.]
A.
Expansion of a Nonconforming Use. A use that does not conform to
the use regulations of the district in which it is located may not
be expanded more than 25% in floor area, land area, building volume,
building coverage and impervious surfaces, devoted to such use. Such
expansion shall be permitted only by special exception.
B.
Expansion of a Structure. A structure that does not conform with
the setback, yard, building height or other dimensional regulations
of the district in which it is located may be extended along the existing
nonconforming building line, provided that the extension or addition
is no closer to the side, rear or front boundary line, and is no greater
in height, than the existing nonconforming structure.
C.
Expansion of or on a Nonconforming Lot.
1.
Nonconforming Lot.
a.
No nonconforming lot shall be reduced in size. An owner of two
or more contiguous nonconforming lots at the time of the effective
date of this Ordinance which, when combined, would create a lot of
conforming size or which could be consolidated to minimize the nonconformity,
shall be required to combine such lots.
b.
One or more nonconforming lots, which are contiguous to a conforming
lot and in single ownership, shall be used in combination with the
conforming lot, except as provided in § 1000.C. In any reparceling
or replatting, the conforming lot shall not be reduced in area or
dimension less than the minimum requirements of this Ordinance.
2.
A building may be altered or erected on any nonconforming lot which
was lawfully in existence at the time of adoption of this Ordinance,
in single and separate ownership, provided a special exception is
authorized by the Local Zoning Hearing Board in accordance with § 1507.E.
of this Ordinance. In considering a special exception, the Local Zoning
Hearing Board may impose the following additional requirements:
a.
That the use of the nonconforming lot shall be required to conform
to the permitted uses within the district in which the nonconforming
lot lies;
b.
That the general area and dimensional regulations as specified
within this Ordinance for conforming uses and structures in the district
in which the nonconforming lot lies shall be applied to the nonconforming
lot.
D.
Expansion of a Nonconforming Sign. The total size or copy area size
of a nonconforming sign shall not be expanded.
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
A.
When a nonconforming building or structure is destroyed or partially
destroyed by fire, explosion, or other disaster, or is otherwise damaged
to the extent of 50% of the appraised replacement value of such building
or structure, such nonconforming building or structure shall not be
restored, or rebuilt, except in such manner as to conform to the regulations
of this Ordinance, and amendments thereto. When a nonconforming building
or structure is partially destroyed by fire, explosion, or other disaster
to less than 50% of its appraised replacement value, it may be restored
to its original use in accordance with provisions of this Ordinance
but must be restored within one year of such happening.
B.
Nothing in this Ordinance shall prevent the strengthening or restoration
to a safe condition of any walls, floor, foundation, or roof which
has been declared unsafe by the municipal building inspector.
