As used in this article, the following terms
shall have the meanings indicated:
See the definition in Article II.
See the definition in Article II.
See the definition in Article II.
The lawful nonconforming use of any structure or land existing at the effective date of this chapter may be continued, except as otherwise provided in this article, even though such use does not conform to the provisions of this chapter. See Article VII, § 275-55, for regulations concerning nonconforming signs.
A.
Nonconforming structures.
(1)
Nonconforming structures may be altered or enlarged,
provided that such alteration conforms to all dimensional requirements
of this chapter, except for the nonconforming requirement. Alteration
shall not increase the extent of the nonconformity existing on the
effective date of this chapter; however, the alteration may extend
the nonconforming part of the structure along the same line, plane,
or dimension as existed on the effective date of this chapter for
a distance not to exceed 10 feet.
(2)
In the case of a nonconforming structure that is used by a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection C of this section.
(3)
If the nonconforming structure is on a nonconforming
lot, no expansion is permitted.
(4)
A structure that is nonconforming in terms of height
shall not be extended to match or increase the height.
B.
Nonconforming lots. No nonconforming lot shall be
reduced in size, except as may be specifically permitted by this chapter.
The provisions of this chapter which establish minimum lot size shall
not prevent the construction of a structure on any lot that was lawful
when created and which, prior to the effective date of this chapter,
was in separate ownership duly recorded by plan or deed, provided
that:
C.
Nonconforming uses. Nonconforming uses shall not be
altered, extended or enlarged, except in accordance with the following
provisions:
(1)
The alteration, extension or enlargement shall be permitted only by special exception under the provisions of Article XII, Zoning Hearing Board.
[Amended 8-8-2007 by Ord. No. 2007-09]
(2)
The alteration, extension or enlargement shall be
only upon the same lot held in single and separate ownership at the
time the use became nonconforming, even if it became nonconforming
as the result of a zoning ordinance or amendment enacted prior to
this chapter.
(3)
The proposed extension shall conform to the area,
building height, parking, sign, impervious surface, and other requirements
of this chapter and of the district in which said extension is located.
(4)
A use that does not conform to the use regulations
of the district in which it is located may not be expanded by more
than 25% in floor area, land area, and building volume devoted to
such use existing at the time the use became nonconforming under this
chapter or previous ordinance, during the life of the nonconformity.
The limit of 25% shall apply to all three standards of measurement
(floor area, land area, and building volume). Uses that have reached
the maximum expansion permitted under this chapter and any previous
ordinances are not eligible for further expansion under this chapter.
A.
A nonconforming structure or a structure occupied
by a nonconforming use which has been damaged by fire or by other
natural causes (as contrasted with deterioration due to time or neglect)
shall only be reconstructed in the exact location of the original
footprint of the structure, or in a location so as to reduce the nonconformity,
and in conformity with all regulations of this chapter. The reconstructed
structure shall not exceed the height, area or volume of the demolished
structure. Reconstruction shall begin within one year from the date
of the damage and shall be carried on without interruption.
B.
A nonconforming structure that has been razed due
to other causes (not fire or natural causes), such as the desire to
rebuild on the site using a new use or structure, shall not be rebuilt
except in conformity with the regulations of this chapter.
Whenever a nonconforming use has been discontinued
for a period of one-year, the use shall not thereafter be reestablished,
and any future use shall be in conformity with the provisions of this
chapter.
No nonconforming use shall be extended to displace
a conforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses or structures existing therein.
