(a) DEFINITIONS.
(1) “Nonconforming building or structure” shall have the meaning ascribed in Section 35-1203(239) of this Code.
(2) “Nonconforming site” shall have the meaning ascribed in Section 35-1203(241) of this Code.
(3) “Nonconforming site development element” shall have the meaning ascribed in Section 35-1203(242) of this Code.
(b) CONTINUATION.
(1) A nonconforming building or structure may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.
(2) A nonconforming site may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.
(c) STRUCTURE MAINTENANCE AND RESTORATION IMPACT ON NONCONFORMING SITE COMPLIANCE. In any continuous 12 month period, interior or exterior remodeling of a structure situated on a nonconforming site that requires a building permit shall require correction of existing nonconforming site development elements that do not conform with the nonconforming site development element standards set forth in Article V of this Code, in accordance with this section. The cost of the structure remodeling shall be as shown on the approved building permit application and the current fair market value of the existing structure, exclusive of the fair market value of the land, shall be based on a market appraisal performed by a certified appraiser or as determined by the township assessor.
(1) Remodeling projects that cost 25% or less of the current fair market value of the structure shall not require any correction of nonconforming site development elements, other than as may be required by Fire and Building Codes.
(2) Remodeling projects that cost more than 25%, but less than 75% of the current fair market value of the structure shall require a corresponding percentage increase in compliance of the nonconforming site development elements with the nonconforming site development element standards set forth in Article V of this Code, until the site achieves 100% compliance. (For example, if a site has only 2000 of the 3000 required landscape points and the cost of the remodeling is 30% of the value of the building, then 30% of the required landscape points shall be provided, or 900 points.)
(3) Remodeling projects that cost 75% or greater of the current fair market value of the structure shall require nonconforming site development elements to achieve 100% compliance with the nonconforming site development element standards set forth in Article V of this Code.
(4) Notwithstanding the foregoing, structure remodeling projects of any size that do not expand the footprint of the subject building shall not require changes in the number of parking spaces required by Division 1 of Article V, as provided in Sec. 35-5100(b).
(5) Notwithstanding the foregoing, structure remodeling projects that cost less than 75% of the current fair market value of the structure shall not require changes to nonconforming site development elements that deviate from the performance standards and requirements set forth in Division 4 of Article V pertaining to operational nuisances, such as noise, vibration, odors, heat, glare and smoke. Remodeling projects that cost 75% or greater of the current fair market value of the structure shall require nonconforming site development elements that deviate from the performance standards and requirements set forth in Division 4 of Article V to achieve 100% compliance with said standards.
(6) Properties that are physically constrained from complying with these provisions shall comply to the maximum extent practicable as determined by the zoning administrator.
(7) Structure remodeling projects of any size that only renovate the interior of a structure and do not impact the exterior of the building, other than identifying signage affixed to such building, shall not require changes to nonconforming site development elements that deviate from the standards and requirements set forth in Division 5 of Article V pertaining to façade appearance, building materials, screening of mechanical elements, and undergrounding or screening of utility facilities.
(d) ALTERATIONS TO NONCONFORMING STRUCTURES.
(1) Routine maintenance and repair may be performed on any nonconforming structure without eliminating nonconformities therein, provided that no such maintenance or repairs are permissible that would create any new nonconformities, increase the degree of any previously existing nonconformity, or otherwise increase the bulk of the building or structure. Any maintenance or repairs involving structural alterations shall not be deemed “routine maintenance and repair” for purposes of this subsection (d).
(2) Structural alterations to nonconforming structures are permitted only in the following situations:
a. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety; or
b. When the alteration will eliminate the nonconformity; or
c. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity.
(3) Destruction. A nonconforming structure which is damaged to 50% or less of its fair market value, based on a valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored within the existing footprint provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50%, restoration or improvement shall not be permitted unless the restoration results in a structure and site conforming to all applicable requirements of this Code, except for the following:
a. Nonconforming single family homes which are damaged by more than 50% may be restored within the existing footprint provided that; all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes, a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.
(e) EXPANSION. In any continuous five year period, additions to structures on nonconforming sites shall require correction of nonconforming site development elements in accordance with the following:
(1) Expansions that would result in less than a 35% increase of the total gross square footage of the existing structure(s) shall require a corresponding percentage increase in compliance with the substantive nonconforming site development elements set forth in Article V of this Code until the site achieves 100% compliance. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage. (For example, if the addition is 20% of the size of the existing building and the site contains only 50% of the required landscaping, 20% of the required landscaping for the entire site must be provided thereby bringing the site to 70% of the total required.
(2) Complete replacement of existing structures or expansions that result in a 35% or greater increase of the total gross square footage of the existing structure(s) require the nonconforming site development elements to meet all of the substantive nonconforming site development elements of Article V of this Code. The same requirements applicable to structure expansion also shall apply to the addition of new or increased areas for outdoor operations/storage.
(3) Expansions that necessitate an increase in the number of parking spaces shall be required to provide 100% of the required parking spaces for the use as applied only to the area of addition or expansion in accordance with Section 35-5100(b)(2) of this Code. The additional parking area shall comply with all associated landscaping and drainage requirements of this Code, although the previously-existing parking area only needs to be brought into compliance with the applicable standards of Article V to an extent proportionate to the scope of expansion as set forth in Subsections (d)(1) and (d)(2) above.
(4) Structures with wall lines that fail to meet the setbacks established in this Code may be expanded horizontally or vertically at the existing setback dimension provided that the setback dimension is 75% or greater of the required setback and all other applicable bulk standards are met.
(5) Notwithstanding the foregoing, expansions shall require Article V-compliant lighting for such addition as set forth in Section 35-5303(5).
(f) CHANGE OF USE. Changes of use within an existing structure shall be exempt from complying with the standards of Article V, Division 1, provided that the change in use within an existing structure does not include any new structures or additions to existing structures. Where a change in use occurs that necessitates an increase in the number of parking spaces in conjunction with new construction or the expansion of an existing building, additional parking spaces shall be required in accordance with Sec. 35-5100.
(g) CHANGES TO NONCONFORMING SITE DEVELOPMENT ELEMENTS. Remodeling projects involving alterations to nonconforming site development elements, either exclusively or in conjunction with the renovation of a structure, shall be conducted in accordance with the following:
(1) Nonconforming Site Development Elements Maintenance. Normal maintenance and incidental repair to a nonconforming site development element may be performed without bringing such elements into compliance with nonconforming site development element standards set forth in Article V of this Code, provided that no such maintenance or repairs are permissible that would create any new site development element nonconformity or increase the degree of the previously existing site development nonconformity. For purposes of this subsection, resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, shall be considered normal maintenance and incidental repair not triggering compliance of the nonconforming site development element with Article V of this Code.
(2) Nonconforming Site Development Elements Wholesale Replacement. Any nonconforming Site Development Element that is removed, demolished, or destroyed shall not be re-established, but instead must be replaced or restored only in conformance with nonconforming site development element standards set forth in Article V of this Code.
(3) Nonconforming Site Development Elements Partial Replacement.
a. Nonconforming Parking Lot Landscaping: When a parking lot of ten (10) or more spaces does not conform to the landscape requirements pertaining to such parking lots, it must be brought into conformance pursuant to the following requirements when such parking lot is reconstructed or expanded by:
1. 25% of its total off-street parking surface area or less this shall not require any correction of nonconforming landscaping requirements;
2. More than 25%, but less than 75% of its total off-street parking surface area, this shall require a corresponding percentage increase in compliance of the nonconforming landscaping requirements; or
3. 75% or greater of its total off-street parking surface area, this shall require 100% compliance with the nonconforming landscaping requirements.
For purposes of this subsection, resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, is not considered reconstruction.
b. Nonconforming Exterior Lighting: For exterior lighting, when twenty-five percent (25%) or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance with Division 3 of Article V. This is calculated as installation of new lighting posts and/or non-post mounted lighting fixtures based on the total lighting installed by the type of mounting. For example, if over twenty-five percent (25%) of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while nonconforming freestanding fixtures may remain.ed within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.
(h) DESTRUCTION. A nonconforming structure which is damaged to 50% or less of its fair market value, based on a valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored within the existing footprint provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50%, restoration or improvement shall not be permitted unless the restoration results in a structure and site conforming to all applicable requirements of this Code, except for the following:.
(1) Single family homes which are damaged by more than 50% may be restored within the existing footprint provided that; all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes, a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.