Except as otherwise provided in this section,
any use, building or structure lawfully existing at the time of enactment
of this chapter may be continued, although it is not in conformity
with the regulations specified by this chapter.
If a nonconforming use of land or building or
structure ceases or is discontinued for a period of two years or more,
presumption of abandonment shall arise, and, unless the presumption
is rebutted, resumption of the use of such building, structure or
land shall be in conformity with the provisions of this chapter.
Any lawful, nonconforming use of land, exclusive
of buildings and structures, and the use contained therein, may be
extended upon the lot on which it exists, provided such extension
shall be limited to a distance of a total of 100 feet in any one or
combination of directions from the existing nonconforming use, or
to an area equal to 50% of the existing nonconforming use, whichever
is the lesser. The extension of a nonconforming use on a lot shall
be limited to the lot which was in existence at the time the use became
nonconforming. Such extension shall also conform to area and lot regulations
and to the design standards of this chapter.
Any nonconforming use may be replaced or substituted
by another nonconforming use by special exception, if the Zoning Hearing
Board determines that the proposed use is at least equally compatible
with, and not detrimental to, the surrounding area, as the original
nonconforming use. In addition, the proposed nonconforming use shall
not increase any dimensional nonconformities. The Zoning Hearing Board
may attach reasonable conditions to the special exception to keep
the use compatible within its surroundings.
Any lawful, nonconforming building or other
structure which has been damaged or destroyed by fire, explosion,
windstorm, or other cause, may be reconstructed in the same location,
provided that:
A. The reconstructed building or structure shall not
exceed the height, area or volume of the damaged or destroyed building
or structure, and such reconstructed building or structure shall not
increase any dimensional nonconformities; and
B. Reconstruction shall begin within one year from the
date of damage or destruction and shall be carried on without interruption.
It is the express intent and purpose of this
chapter that, if a building, structure, sign, or use of land was expanded
or extended to the limits of expansion for a nonconforming building,
structure, sign, or use of land, as authorized by a prior zoning regulation
or ordinance, no further expansion of said building, structure, sign,
or land shall be authorized. In the event a nonconforming building,
structure, sign, or use of land was expanded to a portion of the limits
of expansion authorized by a prior zoning regulation or ordinance,
additional expansion, if permitted by this chapter, shall only be
authorized to the amount of expansion not previously utilized pursuant
to said prior zoning regulation or ordinance.
In any zone in which single-family detached
dwellings are permitted, a single-family detached dwelling and accessory
uses may be erected on any lot of record held in single and separate
ownership on the effective date of the zoning ordinance, or amendment
which rendered such lot nonconforming, and which has continued to
be held in single and separate ownership. An undeveloped remainder
of an agriculturally zoned parent tract from which all legally permitted
lots have been subdivided shall not be considered a lot of record
qualifying for an additional dwelling. Development on nonconforming
lots of record shall comply with all yard, height and building area
requirements, unless a variance is granted by the Zoning Hearing Board.