An unlawful building or structure, unlawful
lot, or unlawful use of a building, structure, lot or land existing
at the effective date of this chapter, its predecessors or any amendments
thereto shall not be deemed to be a nonconforming structure, lot,
or use.
[Amended 10-12-2010 by Ord. No. 2010-9; 12-13-2011 by Ord. No.
2011-7]
Any nonconforming structure, nonconforming lot,
or nonconforming use may be continued upon the lot or land, or within
the structure, so occupied.
A nonconforming use, or nonconforming structure,
shall not be enlarged, extended, or altered except in accordance with
the following:
A.
The extension, expansion, or alteration of a nonconforming use or structure (except as provided in Subsection B) shall require the applicant to obtain a special exception in accordance with the provisions of § 180-119C. In considering such a special exception application, the Zoning Hearing Board shall be bound by the following:
(1)
Extension, expansion, or alteration of the nonconformity
shall be confined to the lot on which it was located on the effective
date of this chapter, its predecessors or any amendments thereto which
created the nonconformity, or on a lot contiguous with the lot on
which the nonconforming use or structure was located;
(2)
The total of all extensions, expansions, and/or
alterations shall not exceed an additional 50% of the floor area of
those buildings, structures, or lands devoted to the nonconforming
use, or of the floor area of the nonconforming building or structure,
as they existed on the date on which the use of such buildings, structures,
or land, or the buildings or structures themselves, first became nonconformities.
The applicant shall furnish conclusive evidence as to the extent of
the nonconformity when it was created;
(3)
Provision for vehicular access, off-street parking,
and off-street loading shall be consistent with the standards required
by this chapter;
(4)
Provision for yards, building height, and building
area shall be consistent with the standards required for permitted
uses in the zone in which the nonconformity in question is located;
(5)
Appearance should be harmonious with surrounding
properties; this feature includes but is not limited to landscaping,
enclosure of principal and accessory uses, height control, sign control,
architectural control, and maintenance of all improvements and open
spaces;
(6)
Buffers and screens shall be provided as necessary
to adequately protect neighboring properties. This includes but is
not limited to fences, walls, plantings, and open spaces;
(7)
The expansion shall not create new dimensional
nonconformities or increase the degree of existing dimensional nonconformities;
(8)
No extension or expansion of a nonconforming
structure or a nonconforming use existing on the effective date of
this chapter, its predecessors or amendments shall be permitted within
any floodplain; and
(9)
Any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming use or structure, excluding
extensions and expansions, located in a floodplain may be permitted
when either elevated above the base flood elevation or floodproofed.
In no case shall any modification, alteration, repair, reconstruction
or improvement cause unacceptable increases in flood height, velocities,
or frequencies; and
B.
Any dimensional nonconformity may be reduced, or extinguished,
by right and without the necessity of obtaining a special exception.
In all residential zoning districts, if a single-family detached dwelling
is nonconforming as to the front yard minimum setback requirement
of this chapter, then in that event any enlargement, extension, or
addition to that dwelling may be located with a front yard setback
equal to or greater than the nonconforming dwelling's existing front
yard setback, if the enlargement, extension, or addition complies
with all of the other side yard and rear yard minimum requirements
of this chapter. This lateral extension of a single-family detached
dwelling nonconforming with regard to front yard setback is permitted
by right and without the necessity of obtaining a special exception.
C.
However, and notwithstanding anything herein to the contrary, the
owner of a lawful nonconforming residential use located within the
GC, I, OB, or RC Zoning Districts shall not be required to obtain
a special exception relief in order to erect an accessory structure
(which structure may be no larger than 1,000 square feet) and which
structure shall be for personal use associated with the residential
use, rather, the provisions (including setbacks) applicable to residential
accessory uses located in the A/RR District shall apply.
[Added 10-24-2017 by Ord.
No. 2017-7]
A.
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception in accordance with § 180-119C of this chapter, if the Zoning Hearing Board determines that the proposed use is at least equally compatible with the surrounding area as the original nonconforming use. In addition, the proposed nonconforming use shall not increase any dimensional nonconformities;
B.
A nonconforming use of a building or land which has
been changed to a use of a less restricted classification shall not
thereafter be changed to a use of a more restricted classification;
and
C.
A nonconforming use shall not be extended to displace
a conforming use.
A nonconforming use, nonconforming structure,
or nonconforming lot shall be deemed to have been terminated and shall
not thereafter be reinstated when:
A.
It is changed to a conforming use, structure, or lot;
B.
The building or structure used by the nonconforming
use or constituting the nonconforming structure is damaged to a degree
greater than 50% of its then fair market value; or
C.
It has been voluntarily discontinued for a period
of 12 consecutive months.
Normal maintenance and repairs of a building
or other structure containing a nonconforming use or constituting
a nonconforming structure are permitted, provided such action does
not extend the floor area occupied by the nonconforming use or of
the nonconforming structure.
A.
On and after the effective date of this chapter, no
lot conforming to the dimension criteria of this chapter shall be
subdivided in such a manner as to create a dimensional nonconformity.
Furthermore, no lot which is nonconforming with respect to the dimensional
criteria of this chapter shall be subdivided in a manner which will
increase the degree of nonconformity or create a new or additional
nonconformity;
B.
In any zone in which single-family detached dwellings
are permitted, a single-family detached dwelling may be erected on
any single lot, as defined in this chapter, existing in single and
separate ownership on the effective date of this chapter, notwithstanding
limitations imposed by other provisions of this chapter. This provision
shall apply even though such lot fails to meet all of the lot area,
lot width, and lot depth requirements of the zone in which the lot
is located. All setback and lot coverage requirements shall be met;
and
C.
If a lot consists of two or more lots of record, or
combinations of lots or portions of lots of record, held in single
ownership on the effective date of this chapter, such lots of record
shall not be separately transferred or developed, unless the lot so
transferred or developed (whether consisting of one or more lots of
record) and the lot retained by the transferor (whether consisting
of one or more lots of record) shall meet all requirements of the
zone in which the lot or lots are located. It is the intention of
this provision that no portion of any lot consisting of two or more
lots of record shall be used or sold in a manner which does not comply
with all requirements established by this chapter, or which shall
result in the creation of a lot with lot width, lot area, lot depth,
or yard setbacks below the minimum requirements, or with lot coverage
in excess of the maximum requirements stated in this chapter.
