A.
On any lot that has been or hereafter is rendered nonconforming as
to the lot area or lot width regulations of the district in which
it is located by the terms of this chapter or any amendments thereof,
and which, at the time it acquires such nonconforming status, was
held in a single and separate ownership and thereafter continues to
be held in single and separate ownership, a building may be erected
when authorized as a special exception by the Zoning Hearing Board.
B.
A lot or parcel of land may be subdivided into separate lots, the
size of which lots is nonconforming as to the lot area or lot width
regulations of the district in which such proposed lots are located,
when authorized as a special exception by the Zoning Hearing Board,
subject to the following requirements:
(1)
Each proposed lot must, at one time, have been laid out as a
single and separate lot and separately described in a public record
or records or in a document or documents publicly recorded;
(2)
Seventy-five percent of all the lots or parcels within 500 feet
of the lot or parcel in single and separate ownership, fronting on
the same street or streets as the lot or parcel, must be improved
with a building or buildings thereon; and
(3)
The proposed lots resulting from the proposed subdivision for
which the special exception is sought shall each have lot areas and
lot widths equal to or greater than the lot areas or lot widths of
at least 80% of all other improved lots or parcels in single or separate
ownership fronting on the same street or streets as the said lots
or parcels and situated within 500 feet of the proposed lots.
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.
A.
Any lawful nonconforming use of a portion of a building may be extended
throughout the building and any lawful nonconforming building or any
building of which a lawful nonconforming use is made may be extended
upon the lot occupied by such building and held in single and separate
ownership on the effective date of this chapter, provided that the
area of such building shall not be increased by more than a total
of 25% of the area of such building existing on the date it became
lawful nonconforming building or a building of which a lawful nonconforming
use is made, and provided, further, that any structure alteration,
extension, or addition shall conform with all the height area, width
yard and coverage requirements for the district in which it is located.
B.
Notwithstanding Subsection A above, the owner of a nonconforming single-family dwelling may extend such single-family dwelling more than 25% of the area of such building, provided that such extension shall conform to the existing building lines of the dwelling; such extension shall have minimum side yards of not less than eight feet; and all other yard requirements and building coverage requirements of the zoning district within which such single-family dwelling is located shall be complied with in constructing such extension.
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.
