This purpose of this chapter is to set forth standards and regulations regarding nonconforming uses, structures, and lots. These standards shall apply to all nonconforming uses, structures and lots, as defined by this chapter. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter or any amendment thereto.
A. 
The lawful use of land existing at the time of the adoption of this chapter, although such use does not conform to this chapter, may be continued. However, if such nonconforming use is discontinued, any future use of such land shall comply with this chapter.
B. 
Whenever a district is hereafter rezoned, any existing nonconforming use in such rezoned district may be continued, provided that no structural alterations are made other than those ordered by an authorized public officer to ensure the safety of the building or structure.
C. 
Where, at the effective date of adoption or amendment of this chapter, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this chapter.
D. 
When a nonconforming use of a structure and/or lot is discontinued or abandoned for 12 consecutive months, the structure and/or lot shall not thereafter be used, except in conformance with the regulations of the zoning district in which it is located, except that when the discontinuance was beyond the control of the owner or tenant and was without intent to abandon the use, the Zoning Hearing Board may, when application is made not later than one year from the date the use was discontinued, approve an extension of not more than one additional year within which the use may be resumed. Additional extensions may be approved at the Zoning Hearing Board's discretion.
E. 
In the case of nonconforming uses, other than dwellings, when damage or destruction of a structure in which the nonconforming use is conducted involves 50% or less of the GFA of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 18 months of the date of destruction. No enlargement or expansion of the nonconforming structure shall be permitted. The Zoning Hearing Board may, when application is made, not later than 18 months from the date when the damage or destruction of the structure occurred, approve an extension of not more than 18 additional months within which the use may be resumed upon reasonable cause being proven by the applicant. Additional extensions may be granted at the sole discretion of the Zoning Hearing Board.
F. 
In the case of nonconforming uses other than dwellings, when the structure in which the nonconforming use is conducted is damaged or destroyed by fire or other means to an extent of more than 50% of its GFA, the structure shall be reconstructed only to house a conforming use.
A. 
The lawful use of a structure existing at the time of the adoption of this chapter may be continued, although such use does not conform to this chapter, provided that no structural alterations shall be made, other than those ordered by an authorized public officer to ensure the safety of the structure.
B. 
Any nonconforming structure that has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing structure footprint, provided that the repair or reconstruction and the occupancy of the structure occurs within 18 months of the date that the original structure was damaged or destroyed. Additional extensions may be approved at the Zoning Hearing Board's discretion.
A. 
Note: Additional requirements regarding signs are included in Article VI, Signs.
B. 
Any nonconforming advertising sign, billboard, commercial advertising structure or statuary shall not be moved or relocated to another position on the building or lot on which it is located after the effective date of this chapter.
A. 
Any conforming lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the zoning district then in effect in which it is located, without a lot area or lot width variance, even though its lot area and width are less than the minimum required by this chapter; however, such lot must comply with the front, rear and side yards, height and lot coverage standards of the zoning district wherein it is located.
B. 
Where structures exist on adjacent nonconforming lots of record that have front yards less than the minimum depth required, the minimum front yard for an adjacent nonconforming lot of record shall be no less than the average depth of the nonconforming front yards on the adjacent nonconforming lots in the same block on the same side of the street.
A. 
A lot which is of public record at the time of enactment of this chapter may be used for a permitted use in the district in which it is located; provided, however, that the minimum and maximum regulations of this district shall be met.
B. 
Reduction of lot area. No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than required by this chapter.
C. 
Projection into required yards. No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
(1) 
A porch/deck, not more than 14 feet in height, cannot encroach a distance of more than 12 feet into a required front or rear yard, provided that in no case shall this encroachment extend into such front or rear yard more than 1/2 the required depth of the yard.
(2) 
A patio, which does not extend above the level of the first floor of the building cannot encroach a distance of more than 12 feet into a required yard, provided that this encroachment is not more than 50% of the required depth or width of the yard.
(3) 
A porte-cochere, or carport, may be erected over a driveway in a required side yard, provided that such structure is:
(a) 
Not more than 14 feet in height and 20 feet in length.
(b) 
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features.
(c) 
At least three feet from the side lot line.
(4) 
A buttress, chimney, cornice, pier, or pilaster of a building may not project more than 12 inches into a required yard.
(5) 
Open, unenclosed fire escapes, bay windows and balconies may project not more than three feet into a required yard.
(6) 
An unattached garage, which is accessory to a residential building, may be erected within the required rear or side yards, provided that it meets all of the following requirements:
(a) 
The maximum height of such garage be limited to 15 feet.
(b) 
Side yards shall be required of no less than three feet each.
(c) 
In those instances where a side yard setback is not provided, a two-hour rated firewall shall be constructed on the side of the structure abutting the neighboring property.
(d) 
The distance from the rear lot line shall not be less than three feet.