This article 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.
These regulations shall apply to any use of
a structure or lot in any zoning district which is a nonconforming
use as defined by this chapter. Whenever the boundaries of a zoning
district shall be changed so as to transfer an area from one zoning
district to another zoning district of a different classification,
these regulations shall apply to any uses which thereby become nonconforming.
A. Continuation and sale. 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 article.
B. Enlargement or expansion.
(1)
Single-family dwellings that are nonconforming
uses in any nonresidential zoning district classification may be enlarged
or expanded to occupy a greater area of the lot or to increase the
height of the dwelling, provided all applicable area and bulk regulations
of the zoning district in which the property is located are met.
(2)
No other nonconforming use of a lot or nonconforming
use of a structure shall be enlarged or increased or extended to occupy
a greater area of the lot or structure than was occupied at the effective
date of adoption or amendment of this chapter, unless the Zoning Hearing
Board, after public hearing, shall interpret that the enlargement
or extension is necessitated by the natural expansion and growth of
the nonconforming use. Any such enlargement or expansion shall conform
to the area, height and yard requirements of the zoning district in
which it is located.
(3)
No nonconforming use shall be moved in whole
or in part to any other portion of the lot occupied by such use at
the effective date of adoption or amendment of this chapter.
(4)
Any nonconforming use may be extended throughout
any part of a structure which was designed for such use at the time
the use became nonconforming; however, a nonconforming use shall not
be extended to occupy any structure, lot or portion of a lot that
was not owned by the owner of the nonconforming use at the time the
use became nonconforming.
C. Change of use.
(1)
A nonconforming use shall not be changed to
any use other than a conforming use, except as permitted as a use
by special exception by the Zoning Hearing Board in accordance with
the following standards:
(a)
The new use will more closely correspond to
the uses authorized in the district as permitted uses, conditional
uses or uses by special exception.
(b)
The new use will be in keeping with the character
of the neighborhood in which it is located and will have an equal
or lesser impact on the neighborhood than the existing nonconforming
use.
(2)
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use. Any change from one nonconforming use to another shall comply with the parking requirements of Article
XVII for the new use and shall be subject to the area, bulk and buffer area regulations for such use in the zoning district where such use is authorized as a permitted use, conditional use or use by special exception.
(3)
Where a nonconforming use exists on a lot, a
conforming use shall not be established on the same lot unless the
nonconforming use is discontinued.
D. Abandonment. 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.
E. Damage or destruction.
(1)
Residential dwellings which are nonconforming
uses in the C-1, C-2, PED, I-P or I-1 Districts may be rebuilt on
the existing foundation in the event of damage or destruction, provided
the reconstruction is started within three years of the date of destruction.
(2)
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 total floor
area of the structure, repairs or reconstruction may be undertaken,
provided that such restoration is started within 18 months of the
date of destruction.
(3)
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 total floor area, the structure shall be reconstructed
only to house a conforming use.
These regulations shall apply to all nonconforming
structures, as defined by this chapter, in all zoning districts.
A. Structural alteration. A nonconforming structure may
be enlarged or structurally altered, provided the enlargement or alteration
does not encroach any further into a required yard than the existing
nonconforming structure does, and further provided that no new nonconformities
are created. All other alterations or enlargements shall require review
by the Zoning Hearing Board and, after public hearing, the Board may
determine undue hardship and may authorize a variance for the reasonable
modification of such structure.
B. Damage or destruction. Any nonconforming structure
which has been partially or completely damaged or destroyed by fire
or other means may be rebuilt or repaired on its existing foundation
even though such foundation may violate the setback requirements for
the zoning district in which the structure is located, provided that
the repair or reconstruction and reoccupancy of the structure occurs
within 18 months of the date that the original structure was damaged
or destroyed.
C. Moving. Should a nonconforming structure be moved
for any reason for any distance whatever, it shall thereafter conform
to the requirements of the zoning district in which it is located.
D. Signs.
(1)
Nonconforming signs may be repaired or reconstructed,
provided that no structural alterations are made which increase the
gross surface area of the sign; however, nonconforming signs which
are damaged or destroyed to an extent of more than 50% of their replacement
cost at the time of destruction shall not be reconstructed except
in conformity with the provisions of this chapter.
(2)
Nonconforming signs shall not be enlarged, added
to or replaced by another nonconforming sign, use or structure, except
that the interchange of poster panels shall be permitted.
E. Repair or maintenance. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the safety of the public, provided all other
requirements of this section are met.
The following regulations shall apply to nonconforming
lots, as defined by this chapter.
A. Lot area or lot width. Any 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
in which it is located without a lot area or lot width variance, even
though its lot area and lot 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. Front yard setback. Where structures exist on adjacent
nonconforming lots of record which have front yards less than the
minimum depth required, the minimum front yard for an adjacent nonconforming
lot of record shall be the average depth of the nonconforming front
yards on the adjacent nonconforming lots in the same block on the
same side of the street.