[Amended 1-13-1983 by Ord. No. 458; 8-25-1983 by Ord. No.
477; 3-30-1989 by Ord. No. 577; 8-23-1990 by Ord. No. 604]
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.
A.
Nonconforming structures being used or proposed to be used for a conforming purpose may continue and may be extended or altered if the extension or alteration does not increase the nonconformity of the structure with respect to the height, setback, yard and coverage regulations of the district in which it is located. In the case of a nonconforming use, such extension or alteration shall also meet the requirements of Subsections B and C of this section.
B.
Nonconforming uses of a portion of a structure may
be extended throughout the structure. Nonconforming uses may continue
and may be extended or altered in accordance with the following provisions:
(1)
That the floor area of the structure housing
such use shall not be increased by more than a total 25% of the floor
area of said structure existing on the date the use first became nonconforming.
C.
Existing structures and/or uses located in the Floodplain
Conservation District shall not be expanded or enlarged unless the
effect of the proposed expansion or enlargement on flood heights is
fully offset by accompanying improvements.
[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.
[1]
Editor's Note: Former § 116-199, Signs, was repealed
9-25-2008 by Ord. No. 862.
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.
A.
The owner of any lot forming a part of a development
plan shall have the right to build upon such lot, including additions
to existing structures, in accordance with the requirements of this
chapter as of June 22, 1966, relating to front, side and rear yards,
building heights and building area coverage of principal and accessory
buildings, provided that, on or before June 23, 1966:
B.
The requirements as of June 22, 1966, pertaining to
the several residential districts, are as follows:
|
Require-
ments
|
District
AAA
|
District
AA
|
District
A
|
District
B
|
District
C
|
|---|---|---|---|---|---|
|
Front yard
|
60 ft.
|
50 ft.
|
40 ft.
|
30 ft.
|
30 ft.
|
|
Side yards
|
30 ft.
|
20 ft.
|
12 ft. each; 35 ft. total
|
10 ft. each; 25 ft. total
|
8 ft. each; 20 ft. total
|
|
Rear yards
|
60 ft.
|
40 ft.
|
30 ft.
|
30 ft.
|
25 ft.
|
|
Building height
|
25 ft.
|
25 ft.
|
35 ft.
|
35 ft.
|
35 ft.
|
|
Building area coverage
|
15%
|
15%
|
20%
|
20%
|
30%
|
C.
The owner of any lot forming a part of a recorded
subdivision plan promulgated under the requirements of Ordinance Nos.
205 and 286 (lot averaging) shall have the right to build upon such
lot, including additions to existing structures, in accordance with
the requirements of Ordinance Nos. 205 and 286.
D.
The owner of any developed lot forming part of a recorded
subdivision plan approved pursuant to Ordinance No. 332 (Planned Cluster
Development), enacted October 20, 1977, for AAAA, AAA, AA, and A Residential
Districts shall build modifications and/or additions to existing structures
and accessory buildings in accordance with the setback requirements
of Ordinance No. 332.
[Amended 4-6-2006 by Ord. No. 812]
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%.
A.
The modification, alteration, repair, reconstruction
or improvements of any kind to a structure and/or use located in the
Floodplain Conservation District to an extent or amount of less than
50% of its market value shall be elevated and/or floodproofed to the
greatest extent possible.
B.
The modification, alteration, repair, reconstruction
or improvement of any kind to a structure and/or use within the Floodplain
Conservation District to an extent or amount of 50% or more of its
market value shall be undertaken only in full compliance with the
provisions of this chapter and any other applicable ordinance.
C.
The modification, alteration, repair, reconstruction or improvements of any kind to a structure used for the production or storage or maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive substances) of any of the materials or substances described in § 116-164D hereinabove shall be undertaken only in full compliance with the following provisions:
[Added 1-13-1983 by Ord. No. 458]
(1)
The structure shall be elevated or designed
and constructed to remain completely dry up to at least 1 1/2
feet above the one-hundred-year-flood elevation.
(2)
The structure shall be designed to prevent pollution
from the structure or activity during the course of a one-hundred-year
flood.
(3)
Any such structure or part thereof that will be built below the elevation described in Subsection C(1) above, shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-proofing Regulations," United States Army Corps of Engineers, June 1972, or with some other equivalent watertight standard.
