Nonconforming lots may continue but shall be
subject to regulations covering nonconforming uses.
A nonconforming structure may continue in its
present location but shall be subject to the regulations covering
nonconforming uses.
A structure for which a valid permit has been
issued and/or is actually under construction to the extent of completion
of footings may be completed as a nonconforming use. Structures not
under actual construction at the time of passage of this chapter shall
be built in conformity with its requirements.
A nonconforming structure 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.
A nonconforming use or structure or lot, when
discontinued or abandoned, may be resumed any time within one year
from such discontinued or abandoned date, but not after, as the same
class of use or structure but cannot be resumed as a conforming use
or structure of a lower class.
[Amended 9-25-2008 by Ord. No. 862]
The Zoning Hearing Board, by special exception,
shall allow a resumption or change of nonconforming use if it is of
the same class of use or of a more restrictive nature than the existing
nonconforming use.
A nonconforming structure 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 the reconstructed structure
shall not exceed in height, area and volume the structure destroyed;
and that structure reconstruction shall be started within one year
from the date the structure was destroyed and shall be carried on
without interruption.
A nonconforming structure 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 a Zoning Hearing
Board certificate may be issued for a period not exceeding one year
in any case.
All nonconforming junkyards on the same lot
with a plant, sales facility or a factory shall be discontinued or
otherwise made to conform within 10 years of the adoption of this
chapter.
Use permits shall be required for a nonconforming
use existing at the time of passage of this chapter and shall be issued
by the Zoning Officer stating that the use is nonconforming. The Zoning
Officer shall notify the occupant of property being used as a nonconforming
use, whereupon said occupant shall apply for a permit within 30 days
after receipt of the notice.
When authorized as a special exception, a structure
may be erected or altered for the uses permitted in the zoning district
upon any lot which is not of the required minimum area or width or
is of such unusual dimensions that a strict application of the area,
front yard, side yard, building coverage or rear yard requirements
would impose an unnecessary hardship upon the owner of the lot; provided,
however, that in no event shall building coverage be permitted to
exceed 50%.