[Amended 9-26-2005 by Ord. No. 2005-12]
Any land, the existing lawful use of which does
not conform to the regulations of the district in which it is located
either because of the original passage of this chapter or because
of subsequent amendment of applicable regulations, shall have such
use considered as a nonconforming use which may continue on such land
but shall be subject to regulations governing nonconforming uses.
[Amended 9-26-2005 by Ord. No. 2005-12]
Any lawful building or the lawful use of any
building which does not conform to use, height, location, size, bulk
or other regulations of the district in which it is located, either
because of the original passage of this chapter or because of subsequent
amendment of applicable regulations, shall be considered a nonconforming
building or use and may continue as such in its present location,
but shall be subject to the regulations governing nonconforming uses.
[Added 4-24-2017 by Ord.
No. 2017-04]
A.
If two adjoining but separately owned lots are rendered nonconforming
as to area or dimension by a zoning ordinance enactment, the two properties
will not be affected by the ordinance. Each lot will continue to be
a lawful, nonconforming lot for purposes of the zoning ordinance.
If those two lots later come under common ownership, the burden is
upon the municipality to prove by competent evidence that the new
owner intended to use the two lots as one integrated parcel.
B.
If two adjoining lots are under common ownership when a zoning ordinance
is passed rendering them nonconforming as to area or dimension, then
the two lots are presumed to have merged, and the burden is on the
landowner to prove by competent evidence that the lots were intended
to be kept separate and distinct.
A nonconforming building or use shall be considered
as such unless and until it complies with the regulations of the district
in which it is located. Such use shall not be changed to a use designated
for a district having less restrictive regulations.
[Amended 9-26-2005 by Ord. No. 2005-12]
If a nonconforming use of land ceases and the
landowner intends to abandon the use, then subsequent use of such
land shall be in conformity with the regulations of the district in
which it is located. Should a nonconforming use cease for a continuous
period of one year or more, then it shall be presumed that the landowner
has intended to abandon such nonconforming use.
Any lawful nonconforming use of a portion of
a building may be extended throughout the building, and any lawful
nonconforming building or any building of which a lawful nonconforming
use is made may be extended upon the lot occupied by such building
and held in a single and separate ownership on the date it first became
such, provided that the area of such building shall not be increased
by more than a total of 25% of the area of such building existing
on the date it first became a lawful nonconforming building or a building
of which a lawful nonconforming use is made, and provided further
that any structure, alteration, extension or addition shall conform
to all the height, area, width, yard and coverage requirements for
the district in which it is located.
The Zoning Hearing Board shall have discretion
to determine what resumption or change of nonconforming use is of
the same class of use and permissible.
[Amended 9-26-2005 by Ord. No. 2005-12]
A nonconforming building which has been damaged
or destroyed by fire, explosion, accident or calamity (as contrasted
to deterioration due to time or neglect) may be reconstructed and
used for the nonconforming use, provided that:
A.
The reconstructed building shall not exceed in height,
area and volume the building damaged or destroyed.
B.
If building reconstruction is not started within two
years from the date the building was damaged or destroyed and such
reconstruction is not carried on without interruption, it shall be
presumed that the landowner has intended to abandon such nonconforming
building.
A nonconforming building which has been legally
condemned shall not be rebuilt or used except in accordance with the
provisions of this chapter.
A temporary nonconforming use which will benefit
the public health or welfare or promote proper development of a district
in conformity with the intent of this chapter may be permitted for
a period of not more than one month, on the approval of the Zoning
Hearing Board, but any such use to be permitted for a longer period
shall require a public hearing thereon, after which Zoning Hearing
Board authorization may be issued for a period not exceeding one year
in any case.
[Amended 9-26-2005 by Ord. No. 2005-12; 3-24-2014 by Ord. No. 2014-05]
A.
Any existing
lawful sign, signboard, billboard or advertising device which becomes
nonconforming in use, location, height or size because of amendment
of applicable regulations of the district in which it is located shall
be considered a lawful, nonconforming sign and may continue in its
present location.
B.
Should
such nonconforming sign, signboard, billboard or advertising device
be removed, damaged or destroyed and the landowner intends to abandon
the use of such nonconforming sign, signboard, billboard or advertising
device, then any subsequently erected sign, signboard, billboard or
advertising device shall comply with the regulations of the district
in which it is located. If any such removed, damaged or destroyed
nonconforming sign, signboard, billboard or advertising device not
be reconstructed within a period of one year, then it shall be presumed
that the landowner has intended to abandon such nonconforming sign,
signboard, billboard or advertising device.
C.
If a landowner
reconstructs any removed, damaged or destroyed sign, signboard, billboard
or advertising device as provided herein, such reconstruction shall
not exceed in height or size that which was replaced.
