Any lawful use of a building or buildings or any lawful use
of land existing at the time of the passage of this chapter or any
applicable amendment that does not conform with the regulations of
the zoning district in which it is located shall be granted nonconforming
status and such use of a building or buildings or use of land may
continue at such location but shall be subject to the regulations
hereafter set forth.
A nonconforming building or use may be changed to another use
of the same class or character as that use which existed at the time
that such building or use became nonconforming. In determining whether
a use is of the same class, the following factors, but not limited
to, may be considered: whether the proposed use is permitted in the
same zoning districts as the prior use, whether the proposed use involves
any increase in traffic or deliveries or an increase in required parking.
Any change of use shall not be changed to a use designated for a district
having less restrictive regulations. In the event that the use of
a nonconforming building or land shall be changed to a use which is
conforming to the regulations of the zoning district in which it is
located, then such property shall lose its nonconforming status and
its prior nonconforming use shall not be resumed.
A nonconforming use, when discontinued, may be resumed any time
within one year from such discontinuance, but not after. Any use that
has been discontinued and sought to be resumed within such time period
must be of the same class or character as the use that was discontinued.
The Zoning Hearing Board shall have discretion to determine
what resumption or change of nonconforming use is of the same class
of use and permissible within one year.
A building containing a nonconforming use and a building nonconforming
as to area and height, destroyed by fire or legally condemned, may
be reconstructed and used for the same nonconforming use, provided
building reconstruction is commenced within one year and carried out
to completion without interruption, and provided that the building
when rebuilt does not exceed in height and area the building so destroyed
or condemned, subject also to other regulations of nonconforming uses
herein contained.
A temporary nonconforming use which will benefit the public
health or welfare or promote proper development of a district in conformity
with the intent of this chapter may be permitted for a period of not
more than one month, on the approval of the Zoning Hearing Board,
but any such use to be permitted for a longer period shall require
a public hearing thereon, after which a Zoning Hearing Board certificate
may be issued for a period not exceeding one year in any case.
In the case of any lot in any of the R, R-1, R-2, R-3 and R-4
Residence Districts which is smaller than the minimum lot area regulations
of the district in which it is located, the following maximum building
area and maximum impervious surface coverage regulations shall apply:
A. For lot sizes under 6,000 square feet, maximum building area coverage
shall not exceed 35% of the lot area. Maximum impervious surface coverage
shall not exceed 45% of the lot area.
B. For lot sizes from over 6,000 square feet to less than 20,000 square
feet, maximum building area coverage shall not exceed 30% of the lot
area. Maximum impervious surface coverage shall not exceed 40% of
the lot area.
C. For lot sizes in excess of 20,000 square feet but less than 30,000
square feet, maximum building area coverage shall not exceed 25% of
the lot area. Maximum impervious surface coverage shall not exceed
30% of the lot area.
D. For lot sizes in excess of 30,000 square feet but less than one acre,
maximum building area coverage shall not exceed 20% of the lot area.
Maximum impervious surface coverage shall not exceed 25% of the lot
area.
E. For lot sizes of one acre or more, maximum building area coverage
shall not exceed 15% of the lot area. Maximum impervious surface coverage
shall not exceed 20% of the lot area.