Effective January 2, 2004

                                    ARTICLE 35 - EXISTING AND NON-CONFORMING USES 

SECTION 3501              CONFORMANCE REQUIRED 

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used and no building or part thereof or other structure shall be located, erected, moved, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district in which it is located. 

3501.01             Extent of damage and modification to any structure shall be determined by the Township Zoning Administrator. 

SECTION 3502              INTENT 

The legitimate interests of those who lawfully established these non-conformities are recognized in this article by permitting such non-conformities to continue, subject to regulations for and limitations upon their completion, restoration, reconstruction, extension and substitution.  It is recognized, however, that non-conformities substantially and adversely affect the orderly development, maintenance, use, and taxable value of other property in the district, property that is itself subject to the regulations of this Zoning Resolution.  In order to secure eventual compliance with the standards of this chapter, it is necessary to regulate non-conformities strictly and to prevent the re-establishment of non-conformities that have been discontinued. 

SECTION 3503              NON-CONFORMING VACANT LOTS 

3503.01             NON-CONFORMING VACANT LOTS IN RURAL AGRICULTURE, RURAL TRANSITION AND RESIDENTIAL DISTRICT 

In any district where dwellings are permitted, a one single-family detached dwelling may be erected on any lot of official record as of the effective date of adoption or amendment of the Revised Zoning Resolution of Clay Township, when by reason of its lot area, width or depth it does not meet minimum requirements for a lot under these regulations, provided, however, that no lot shall be deemed to be less than forty (40) feet wide for the calculation of yard requirements and provided, further:

3503.01             NON-CONFORMING VACANT LOTS IN RA, RT & RESIDENTIAL DISTRICT (continued) 

A. The sum of side yards on any such lot of record shall be at least twenty-five percent (25%) of the lot width. 

B. In no case shall the width of any side yard be less than ten (10) percent of the width of the lot, except that on a corner lot the width of the side yard adjoining the side street lot line shall be no less than ten (10) feet. 

C. The depth of the rear yard of any such lot need not exceed twenty (20) percent of the depth of the lot, but in no case shall it be less than twenty (20) feet. 

D. If the width of such lot meets the standards of this Resolution but the depth is such that the total area is less than 80,000 square feet in areas zoned RA and RT or 12,000 square feet in other zoning districts, the rear yard for such lot shall have a minimum of thirty (30) percent of the depth of the lot but in no case shall it be less than thirty (30) feet.

           3503.02             NON-CONFORMING VACANT LOTS IN OTHER DISTRICTS 

In any district other than Rural Agriculture, Rural Transition or Residential Districts, a building designed for any permitted use in such district may be erected on any lot of official record as of the effective date of the Zoning Resolution of this Township, provided that: 

A. Such building shall comply with all regulations applicable in the district in which the lot in question is located, provided, however, the width of any required side yard need not be greater than that derived by applying the following equation, where “X” equals the required side yard width: 

                                                  Minimum side yard required

       X               =                  By side regulations            

                                                         Actual Lot Width            Minimum lot width required

                                                                                                         By district regulations

      

SECTION 3504              NON-CONFORMING STRUCTURES

3504.01             CONTINUATION 

Any structure which is devoted to a use which is permitted in the zoning district in which it is located but which is located on a lot which does not comply with the applicable lot size requirements and/or development standards may be continued, so long as it remains otherwise lawful, subject to the restrictions of Subsection 3504.02 through 3504.04 

3504.02             ENLARGEMENT, REPAIR AND ALTERATIONS 

Any such structure described in Subsection 3504.01 may be enlarged, maintained, repaired, or structurally altered, provided, however, that no such enlargement, maintenance, repair, or structural alteration shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structures, except that, as to structures located on a lot that does not comply with the applicable lot size requirements, the side yard requirements shall be determined by Subsection 3503.01 or 3503.02, whichever is applicable. 

3504.03             DAMAGE OR DESTRUCTION 

In the event that any such structure described in 3504.01 is damaged or destroyed by any means to the extent of more than fifty (50) percent of the current replacement cost of the entire structure, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located, provided that structures located on a lot that does not comply with the applicable lot size requirements shall not in any event be required to provide a side yard that exceeds the yard requirements in 3502.01 or 3502.02, whichever is applicable.  When a structure is damaged to the extent of fifty (50) percent or less, no repairs or restoration shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction. 

3504.04             MOVING 

No structure described in 3504.01 shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot, unless the entire structure shall thereafter conform to the regulations of the zoning district in which it will be located after being moved.

SECTION 3505              NON-CONFORMING USES

3505.01             CONTINUATION 

Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land not involving a structure may be continued, so long as otherwise lawful, subject to the restrictions of Subsection 3505.02 through 3505.09 

3505.02             REPAIR AND MAINTENANCE 

A. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.  This paragraph shall not be deemed to authorize any violation of Subsections 3505.03 through 3505.09. 

B. Nothing in this Resolution shall be deemed to prevent the structural alteration, strengthening, or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure, subject to the provisions of Subsection 3505.05) in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition. 

C. All non-conforming residential buildings in a Business or Industrial District may be maintained, repaired, improved, modernized or enlarged in accordance with the development standards of Section 904, provided, however, that no increase in the number of dwelling units shall be permitted.  A dwelling may not, however, be demolished and a new dwelling constructed unless the new dwelling is in full compliance with this Resolution. 

3505.03             STRUCTURAL ALTERATION 

Structural alterations to non-conforming single family residences within any zoning district shall be permitted in accordance with the development standards of Section 904, provided, however, that no increase in the number of dwelling units shall be permitted.

3505.04             EXTENSION AND ENLARGEMENT 

The Board of Zoning Appeals may permit a non-conforming building or structure to be extended, expanded, enlarged, or increased in intensity, subject to the following conditions: 

A. A non-conforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on the effective date of this Resolution. 

B. The Board may permit either an expansion of a non-conforming building or structure or a substitution of a non-conforming use in such a building or structure. 

C. A non-conforming building or structure may be extended or enlarged upon the lot occupied by such building on the effective date of this Resolution or on an adjoining lot, provided such lot was under the same ownership as the lot in question on the effective date of this Resolution.  Such non-conforming building may be enlarged or extended to an extent not exceeding twenty-five percent (25%) of the gross floor area of such non-conforming structure or building lawfully existing at the time of the adoption of this Resolution. 

D. The extension or enlargement of a non-conforming building or structure may not occupy ground space suitable and otherwise available for meeting the off-street parking requirements of this Resolution. 

E. A non-conforming use of land may not be extended, enlarged, or increased in intensity. 

F. Nothing contained in this Section shall in any way prohibit a non-conforming use from acquiring additional off-street parking space. 

G. Application for an extension or enlargement in accordance with Paragraphs A through F shall be noticed and heard in the manner prescribed for appeals in Section 404 hereof. 

H. In granting an extension or enlargement, the Board may impose such reasonable safeguards and restrictions upon the premises benefited by the extension or enlargement as may be necessary to reduce or minimize any potentially injurious effect of such extension or enlargement upon other property in the neighborhood and to carry out the general purpose and intent of this chapter.

3505.05             DAMAGE OR DESTRUCTION 

A. Nothing in this Resolution shall be deemed to prevent the total restoration of any legal non-conforming single family residence, so long as such restoration is actually begun within one (1) year after the date of its damage or destruction. 

B. In the event that any building or other structure, except single family residences pursuant to Section 3505.05A that is devoted in whole or in part to a non-conforming use is damaged or destroyed by any means to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds fifty (50) percent of the current replacement cost of the entire building or other structure, exclusive of foundation, such building or other structure shall not be restored unless such building or other structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.  Moreover, even if such damage is fifty (50) percent or less, no repair or restoration shall be made unless a building permit is obtained, and restoration is actually begun, within one year after the date of such partial destruction. 

3505.06             MOVING 

No structure devoted in whole or in part to a non-conforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and the use thereof shall thereafter conform to the regulations of the district in which it will be located after being so moved.  Moreover, no non-conforming land use shall be relocated in whole or in part to any other location on the same or any other lot unless such use shall thereafter conform to the regulations of the district in which it is located after being moved. 

3505.07             CHANGE 

The Board of Zoning Appeals may permit a substitution for a non-conforming use in a building or structure lawfully existing at the time of the adoption of this Resolution, subject to the following conditions: 

A. The Board may permit either an expansion of a non-conforming building or structure or a substitution of a non-conforming use, but not both. 

B. A non-conforming use of land (as opposed to a building or structure) may not be changed.

C. Application for a substitution in accordance with Paragraph A shall be noted and heard in the manner prescribed for appeals in Article 4 of this Resolution. 

D. The proposed use shall be of no greater intensity and shall be more compatible with the surrounding neighborhood than the existing non-conforming use. 

E. The Board shall not grant a substitution unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it that support conclusions that: 

1. Adequate utility, drainage, and other such necessary facilities have been or will be provided. 

2. Adequate access roads or entrance and exit drives shall be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets. 

3. All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. 

4. The proposed substitution will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. 

5. In granting a substitution, the Board may impose such reasonable safeguards and restrictions upon the premises benefited by the substitution as may be necessary to comply with the above standards and to reduce or minimize any potentially injurious effect of such substitution upon other property in the neighborhood and to carry out the general purpose and intent of this chapter. 

F. If a non-conforming use is changed to any use other than a conforming use without obtaining approval pursuant to this paragraph, that change shall constitute a discontinuance of the non-conforming use, and the property involved shall thereafter be used only for conforming uses.