The provisions of this article shall apply to
existing lawful uses, structures and lots which do not conform to
this chapter or to any subsequent amendment of this chapter. Controls
are established over such nonconformity to prevent:
Any lawful building or any lawful use of a building
or land which does not conform to this chapter on the effective date
hereof (Ordinance No. 1115, passed July 12, 1984) may be continued,
provided that no subsequent alteration or addition shall be made which
would extend such building or use, unless a special exception is granted.
A nonconforming use may be changed to another
nonconforming use that appears in the same general zoning category
if the use is most strictly regulated, by grant of a special exception
only, upon determination of the Zoning Hearing Board, after a public
hearing.
The nonconforming use of a building shall ordinarily
not be extended or enlarged, and a nonconforming building shall not
be enlarged or structurally altered, unless required by law to ensure
the structural safety of the building. However, where an owner of
a nonconforming use or building can demonstrate economic hardship,
the Zoning Hearing Board shall be authorized to issue a special exception,
provided that all the following findings are made:
A.
It is clear that such extension is not materially
detrimental to the character of the surrounding area or the interest
of the municipality.
B.
The proposed extension or enlargement only occurs
on the tract where the nonconformity is currently located.
C.
The area devoted to the nonconforming use shall, in
no case, be increased by more than 50%.
D.
Any extension of a building shall conform to the area,
height and setback regulations of the district in which it is situated.
E.
Not more than one extension to a nonconforming building
shall be granted.
Where a nonconforming use is conducted entirely
on an unenclosed premises, no structure to house or enclose such use,
whether or not such structure would otherwise conform to this chapter,
shall be permitted to be erected on the premises.
Whenever a nonconforming use of land, premises,
a building or structure, or any part thereof, has been discontinued
for a period of one year or more, such nonconforming use shall not
thereafter be reestablished, and all future uses shall be in conformity
with this chapter.
No building devoted to a nonconforming use shall,
in the event of destruction or serious damage by fire, flood or similar
cause, be reconstructed for the purpose of carrying on the nonconforming
use. "Serious damage" means damage which reduces the value of any
structure by more than 50% of its prior value. Reconstruction is permitted,
provided that:
No nonconforming use shall displace a conforming
use.
A lot held in single and separate ownership
on the effective date of this chapter (Ordinance No. 1115, passed
July 12, 1984), which does not contain the required minimum area or
width, may be used for the construction, alteration or reconstruction
of a building, or may be otherwise used, if the construction, alteration,
reconstruction or other use is in compliance with the use, yard, setback,
density and other pertinent provisions of this chapter.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
The Code Enforcement Officer shall provide for
the registration of all lots, structures and uses which are nonconforming
under this chapter within a reasonable time after the effective date
hereof (Ordinance No. 1115, passed July 12, 1984). The record of such
uses and buildings shall certify the extent and kind of use and disposition
of the buildings and land. Upon notification, each occupant or owner
of a nonconforming building or use shall make available such information
as may be necessary to determine the extent and nature of the circumstances
which cause such use or building to be in nonconformity with this
chapter.
