The use of any lot, building or structure that
is existing and lawful at the time of the enactment of this chapter
or, in the case of any amendment to this chapter, at the time of such
an amendment, may be continued except as hereinafter provided, although
such use does not conform to the provisions of this chapter or subsequent
amendments.
A.Â
A structure that does not conform with development
standards and/or other requirements of the zoning district in which
the structure is located and/or any other provisions of this chapter
may be enlarged only if the enlargement meets all of the development
standards set forth in this chapter for the district in which the
use is a permitted use, including but not limited to front yard, rear
yard, side yard, lot area, parking, buffers and height of buildings.
B.Â
A use that does not conform to the permitted use regulations
of the district in which it is located may be enlarged when authorized
as a special exception by the Zoning Hearing Board, provided that:
(1)Â
The proposed enlargement shall take place only
upon the lot or contiguous lots held in the same ownership as that
existing at the time the use became nonconforming. Authorization to
enlarge the nonconforming use, as described in this section, shall
not be construed to mean that a new use or uses may be established.
A nonconforming use shall be prohibited from encroaching on another
parcel of land subsequently added to the original parcel.
(2)Â
The proposed enlargement shall conform to the
applicable development standards, buffer requirements and parking
requirements, as well as all other requirements of the district in
which the enlargement is located or the district in which the use
is a permitted use, whichever shall be more stringent.
(4)Â
Any increase in building or floor area shall
not exceed 25% of the building area or gross floor area, whichever
is less, that was existing at the time that the use became nonconforming
under this chapter or any previous ordinance and, in any event, shall
be permitted only by special exception under the provisions of this
chapter. Structures or land uses that have reached their maximum expansion
allowance under previous ordinances are not eligible for any increase
in building or floor area under this chapter. A structure that is
nonconforming in terms of height shall not be enlarged so as to increase
its height.
A nonconforming building or any building containing
a nonconforming use that is destroyed to the extent of more than 50%
of its value shall not be repaired or rebuilt, except in conformity
with the regulations of this Zoning Ordinance. No building that has
been razed shall be rebuilt, except in conformity with the regulations
of this chapter.
If any nonconforming use of a building or land
is abandoned for a continuous period of one year or more, subsequent
use of such a building or land shall be in conformity with the provisions
of this chapter. For the purpose of this chapter, abandonment shall
commence when the nonconforming use ceases.
Once changed to a conforming use, no building,
structure or land shall be permitted to revert to a nonconforming
use. A nonconforming use may be changed to another nonconforming use
only if all of the following conditions are met:
A.Â
Such change shall be permitted only as a special exception.
B.Â
The applicant shall show that the nonconforming use
cannot reasonably be changed to a permitted use.
C.Â
The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use, with respect to:
