Subject to the provisions of this article, a
nonconforming lot, nonconforming building or structure or nonconforming
use may be continued even though it does not conform with 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 or structure
declared unsafe by a proper authority.
[Amended 11-14-2017 by Ord. No. 2017-5]
A nonconforming building, as defined in this chapter, may be
altered or improved provided the work does not make the structure
any more nonconforming in any respect nor extend the degree of dimensional
nonconformance in any way.
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, provided
reconstruction or repair is commenced within one year from the date
of occurrence of the damage.
A.
A nonconforming use may be extended as a special exception
subject to the following:
(1)
The extension becomes an attached part of the main
structure and does not utilize any additional or adjoining land area
other than the original parcel.
(2)
The extension does not violate any lot, area, dimensional,
off-street loading or parking requirements, or any other requirements
of this chapter in the district in which the nonconforming use is
located, or in any way extend the degree of dimensional nonconformance
of any structure or building.
(3)
The extension is for the purpose of expanding the
same classification of nonconforming use in existence at the time
of chapter adoption.
B.
Extension of a lawful use to any portion of a nonconforming
building or structure that existed prior to the enactment of the chapter
shall not be deemed an extension of such nonconforming use.
No nonconforming use shall be changed to another
nonconforming use, except that a nonconforming use may be changed
to another nonconforming use of equal or more restrictive classification
upon application to, and approval by, the Zoning Hearing Board. The
Zoning Hearing Board may impose reasonable conditions to assure that
any such change will not adversely affect the public interest.
A nonconforming use of a building or land that
has been abandoned or discontinued shall not thereafter be returned
to a nonconforming use. A nonconforming use shall be considered abandoned
as follows:
A.
When the intent of the owner to discontinue the use
is apparent.
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 or circumstances show a clear intention to resume the nonconforming
use.
C.
When a nonconforming use has been discontinued for
a period of 12 months.
D.
When it has been replaced by a conforming use.
E.
When it has been changed to another use under permit
from the Zoning Hearing Board.
F.
A nonconforming use (dwelling) in a commercial district may be vacant
past 12 months as long as the property is being actively marketed
for sale by way of a listing agreement and realtor signage.
[Added 11-14-2017 by Ord.
No. 2017-5]
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 foregoing provisions shall
apply to any nonconforming use conditions created therein.
[Amended 11-14-2017 by Ord. No. 2017-5]
A.
Single-family detached dwelling, mobile home or accessory use in
agricultural or residential district.
(1)
In any agricultural or residential district, notwithstanding the
regulations imposed by any other provisions of this chapter, a single-family
detached dwelling, mobile home or accessory use as permitted in that
zoning district which complies with all applicable zoning restrictions
except for lot area and minimum lot width requirements may be erected,
provided that the following requirements are met:
(a)
The lot is shown by recorded plat or deed to have been owned
separately and individually from adjoining tracts of land at a time
when the creation of a lot of such size, at such location was not
prohibited by any zoning or subdivision and land development ordinance
then in effect.
(b)
The lot has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire time that
the creation of such lot has been prohibited by the applicable zoning
or subdivision and land development ordinance.
(2)
Construction permitted by the above shall comply with all other regulations,
except minimum lot area and minimum lot width requirements, applicable
to the use in question in the zoning district in which the lot in
question is located.
B.
Commercial structure in commercial district.
(1)
In any commercial district, notwithstanding the regulations imposed
by any other provisions of this chapter, a commercial structure that
complies with all applicable zoning restrictions except for lot area
and minimum lot width requirements may be erected, provided that the
following requirements are met:
(a)
The lot is shown by recorded plat or deed to have been owned
separately and individually from adjoining tracts of land at a time
when the creation of a lot of such size, at such location was not
prohibited by any zoning or subdivision and land development ordinance
then in effect.
(b)
The lot has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire time that
the creation of such lot has been prohibited by the applicable zoning
or subdivision and land development ordinance.
(2)
Construction permitted by the above shall comply with all other regulations,
except minimum lot area and minimum lot width requirements, applicable
to the use in question in the zoning district in which the lot in
question is located.
[Added 11-14-2017 by Ord.
No. 2017-5]
A nonconforming use (dwelling) in a commercial district may
have accessory uses as follows:
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Garden sheds - shelter
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Home gardening/including temporary roadside sales
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Private garages
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Private swimming pools
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Other uses customary to residential use that complies with all
other applicable commercial district zoning restrictions
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