From and after the effective date of this chapter, any existing
or proposed structure, building or land shall not be erected, constructed,
placed, altered, extended, maintained, used or occupied except in
conformity with this chapter.
From and after the effective date of this chapter, or any amendment
thereto, any use existing at the time of enactment of this chapter,
or any amendment thereto, which was not in conformity with the permitted
use provisions of the district in which it is located, may be continued
subject to the following limitations:
A.
Continuity of nonconforming use. No nonconforming use may be reestablished
after it has been discontinued for 24 months. Vacating of premises
or buildings or nonoperative status of such premises or buildings
shall be conclusive evidence of discontinued use.
B.
Discontinued nonconforming use of open land. All nonconforming junkyards,
junk areas, storage areas, and other nonconforming uses of open land,
when discontinued for a period of 90 days or damaged or deteriorated
to an extent of 60% or more of the fair market replacement costs,
shall not be permitted to be reestablished, repaired or reconstructed.
C.
Expansion of nonconforming use. No expansion of any nonconforming
use shall be permitted as of right. The Zoning Hearing Board may permit
expansion of a nonconforming use as a special exception in accordance
with the following criteria and limitations:
(1)
Expansion of the nonconforming use shall be limited to a distance
of 250 feet in any direction from the existing area of the nonconforming
use or to an area equal to 50% of the total usable floor area (or
land area if not enclosed within a building) of the existing nonconforming
use, whichever is the lesser amount.
(2)
Expansion of the nonconforming use shall be limited to the lot upon
which the nonconforming use was located at the time it became nonconforming.
(3)
The limits set forth herein constitute the total permitted expansion
of a nonconforming use. For example, if an applicant receives permission
to expand an area equal to 40% of the total usable floor area when
the use became nonconforming, in the future the use will only be able
to expand to an area equal to 10% of the total usable floor area when
the use became nonconforming.
Any use which complies with the regulations for the district
in which the nonconforming use is located may be substituted for the
nonconforming use. Once a conforming use is established, no nonconforming
use shall be permitted in the future. The Zoning Hearing Board, by
special exception, may permit the substitution of another nonconforming
use in accordance with the following criteria and limitations:
A.
The proposed use shall be permitted in the district in which the nonconforming use would be a permitted use or in a more restrictive zoning district than a district in which the nonconforming use would be permitted. The zoning districts noted included in § 240-14 of this chapter are listed in order from the most to the least restrictive.
B.
The proposed use shall not generate more traffic than the existing
nonconforming use.
C.
The proposed use, if commercial or industrial in nature, shall not
have longer hours of operation than the existing nonconforming use.
D.
The proposed use shall not generate higher levels of noise, smoke
or glare off the property than the existing nonconforming use.
E.
The proposed use shall be not more detrimental to the neighboring
properties and uses than the existing nonconforming use.
F.
The existing nonconforming use shall be completely abandoned.
A nonconforming structure which is partially damaged or entirely
destroyed may be rebuilt and occupied for the same use as before the
damage or for any conforming use, provided the reconstructed structure
shall not be larger than the damaged structure and the reconstruction
shall start within one year from the time of damage to the structure.
Any nonconforming lot held in single and separate ownership
on the date of enactment of this chapter or any amendment thereto
which rendered such lot nonconforming may be developed for any use
permitted within the district in which the nonconforming lot is located,
provided that such development complies with all setback, coverage,
bulk and height requirements.
It is the express intent and purpose of this chapter that if
a building, structure or land was expanded or extended to the limits
of expansion for a nonconforming building, structure or use of land
as authorized by a prior zoning regulation or ordinance, no further
expansion of said building, structure or land shall be authorized.
In the event a nonconforming building, structure or use of land was
expanded to a portion of the limits of expansion authorized by a prior
zoning regulation or ordinance, additional expansion, if permitted
by this chapter, shall only be authorized to the amount of expansion
not previously utilized pursuant to said prior zoning regulation or
ordinance.
An existing structure which contains a permitted use and is
nonconforming as to building setbacks or lot area may be expanded,
provided that:
A.
The expanded portion of the structure will not extend nearer any
street right-of-way line or other property line than the part of the
existing structure which is closest to the street right-of-way line
or other property line.
B.
All other yard requirements of the zoning district are met.
C.
No expansion shall be permitted which will cause danger to vehicle
or pedestrian traffic on a street by obscuring the view.
D.
No expansion shall be permitted within five feet of any street right-of-way
line or property line.
