It is the intent of this chapter to recognize
the right of nonconformities to continue, but to encourage that such
lots, uses and structures be brought into conformity with this chapter
as soon as constitutionally permissible. To achieve this end, nonconformities
are subject to the regulations set forth in this article.
Where a lawful use or structure exists which,
on the effective date of this chapter or subsequent amendment thereto,
becomes nonconforming, such use or structure may be continued as long
as it remains otherwise lawful, including subsequent sales of the
property, subject to the following provisions:
A. The existing nonconforming use shall not be changed
to a different nonconforming use.
B. No such nonconforming use or structure shall be altered
or extended except if such complies with the following criteria and
standards:
(1) To provide for a natural expansion which is not detrimental
to public health, safety and general welfare, provided that such expansion
does not exceed 50% of the existing ground floor area of the structure
or other space occupied by the use.
(2) Provided that such does not constitute the addition
of a new nonconforming use or structure.
(3) Provided that such does not decrease yards when such
already fail to meet minimum yard setback areas.
(4) Provided that the alteration or extension meets the
district regulations for such use or structure as if same were being
altered or extended in the district where such use is permitted. In
cases where the use is permitted in two or more districts, the most
restrictive district regulations shall apply.
C. In the event that any nonconforming structure is destroyed
or partially destroyed by any means to an extent of 75% or more of
the market valuation of all structures and other improvements on the
lot, as determined from the Centre County Tax Assessment office, effective
at the date of the destruction, such nonconforming structure and use
thereof shall terminate and the lot shall thereafter be used only
for conforming uses and structures.
D. When a nonconforming use or structure is discontinued
or abandoned for a period of one year or more continuously or replaced
by a conforming use or structure, the premises shall not thereafter
be used except in conformity with the regulations of the district
in which it is located, except if the use is a farm use as herein
defined.
[Amended 8-16-2007 by Ord. No. O-07-03]
In order to administer this article, the Zoning
Officer may identify and register nonconforming uses and structures.
To avoid undue hardship, nothing in this chapter
shall be deemed to require a change in the plans, construction or
designated use of any structure on which actual construction was lawfully
begun prior to the effective date of adoption or amendment of this
chapter and upon which actual building construction has been carried
on diligently. "Actual construction" is hereby defined to include
the placing of construction materials in permanent position and fastened
in a permanent manner. Where excavation or demolition or removal of
an existing structure has been substantially begun preparatory to
rebuilding, such excavation or demolition or removal shall be deemed
to be actual construction, provided that work shall be carried on
diligently.