Any land, the existing lawful use of which at
the time an applicable ordinance became effective, that does not conform
with the regulations of the district in which it is located shall
have such use considered as a nonconforming use, which may continue
on such land subject to all pertinent regulations covering nonconforming
uses.
Any lawful building or the lawful use of any
building existing at the time an applicable ordinance or amendments
thereto became effective that does not conform to use, height, location,
size, bulk or other regulations of the district in which it is located
shall be considered a nonconforming building or use and may continue
as such in its present location, subject to all pertinent regulations
governing nonconforming buildings and uses.
[Added 2-16-2005 by Ord. No. 203]
Any expansion (including extensions) of a nonconforming
structure or other nonconforming improvement shall conform to the
area, height, setback, width and yard coverage and all other applicable
regulations of the district in which the nonconforming structure or
other improvement is located.
[Added 2-16-2005 by Ord. No. 203]
Any new stories or other vertical expansion
erected on a nonconforming structure shall be constructed to fulfill
all building setback requirements, including but not limited to front
yard, rear yard, side yard, area requirements, height limitations
and special requirements, and all other applicable regulations of
the zoning district in which the structure is located, which regulations
shall be applied (except as to height restrictions) on the level upon
which such new stories are being erected. Otherwise, a variance for
each regulation with which the vertical expansion does not comply
must be approved by the Zoning Hearing Board.
A nonconforming building or land use shall be
considered as such unless and until it complies with the regulations
of the district in which it is located. By special exception, a nonconforming
use of a building or premises may be changed to a use of the same
or of a more restricted zoning classification.
A nonconforming use of a building or land, when
discontinued, may be resumed any time within six months from such
discontinuance, but not thereafter. The resumption may be of the same
use only. The discontinuance for a period in excess of six months
shall raise the presumption of abandonment subject to rebuttal by
the property owner by clear and convincing evidence.
The Zoning Hearing Board shall have sole discretion
to determine what resumption or change of a nonconforming use is permissible.
A.
By special exception and subject to the limitations set forth in Subsection B of this section, a lawful nonconforming use of a portion of a building may be expanded within that building, provided that such expansion does not require any major structural alterations.
B.
By special exception, a nonconforming use of a building
or a lot which was legal at the time such use became nonconforming
may be expanded so long as that does not exceed either 25% of the
gross square footage of the floor or 25% of the gross lot coverage
area existing on the date the use first became nonconforming. In addition,
any such expansion shall conform to the area, height, setback, width
and yard coverage and all other applicable regulations of the district
in which the nonconforming use is located.
In the event that a nonconforming use in any
district is destroyed or partially destroyed by fire, explosion or
other cause or otherwise damaged to the extent of 50% or greater of
the bulk of all buildings, structures and other improvements on the
lot, such nonconforming uses shall terminate and the lot shall thereafter
be used only for conforming uses.
A nonconforming building which has been legally
condemned shall not be rebuilt or used except in accordance with the
regulations in the district in which it is located, as contained in
this chapter.
Any sign of any kind existing at the time of
the passing of this chapter that does not conform to the regulations
of this chapter shall be considered nonconforming and as such shall
remain in continuous use as is or otherwise be removed from the premises
and be replaced by a conforming sign.
Zoning permits shall be required for nonconforming
uses existing at the time of passage of this chapter and shall be
issued by the Zoning Officer without charge stating that the use is
nonconforming. The Zoning Officer may notify all occupants of property
being used as nonconforming uses, who shall apply a zoning permit
within 30 days after receipt of the notice.
