Subject to the provisions of this section, a use of building
or land existing at the time of the enactment of this chapter may
be continued even though such use does not conform to the provisions
of these regulations for the district in which it is located.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, excepting demolition specified in §
265-1211, subsequent to the date of this chapter, nor shall it prevent the regular maintenance of a nonconforming structure including the replacement of a roof, exterior facade, windows, and other treatments.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the following provisions shall apply to any nonconforming
uses or structures existing therein.
A nonconforming use shall not be extended, except as authorized by special exception pursuant to §
265-1405. The extension of a lawful or conforming use to any portion of a nonconforming building or structure that existed prior to the enactment of this chapter shall not be deemed an extension of a nonconforming use.
No nonconforming building, structure, or use shall be changed to another nonconforming use unless approved by the Zoning Hearing Board as a special exception pursuant to §
265-1405.
A nonconforming use of a building or land that has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned as follows:
A. When the intent of the owner to discontinue the use is apparent;
or
B. When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days, unless other facts show intention
to resume the nonconforming use; or
C. When a nonconforming use has been discontinued for a period of one
year; or
D. When it has been replaced by a conforming use; or
E. When it has been changed to another use under approval by the Zoning
Hearing Board.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued and the construction of which shall
have been diligently prosecuted within six months of the date of such
permit.
Any nonconforming sign removed, whether by act of God, vandalism,
accident, or voluntarily, if replaced, shall be subject to all existing
standards of this chapter.
When an existing single-family detached dwelling is converted
to a duplex dwelling where authorized by this chapter, off-street
parking required for both units shall be provided and no credit for
nonconforming deficiency of off-street parking shall be given for
the existing single-family detached dwelling unit.
Historically designated structures are exempt from applicable
provisions for nonconformities.