Except as otherwise provided in this section, any use, building, or structure existing at the time of enactment of this chapter may be continued, subject to the limitations described in this article, although it is not in conformity with the regulations specified by this chapter. However, the storage of junk on residential properties is subject to amortization as described in §
380-132 of this chapter.
All nonconforming signs (except billboards), the storage of
junk upon residential property 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 replacement costs, shall not be continued,
repaired, or reconstructed. No other nonconforming use may be reestablished
after it has been discontinued for 24 consecutive months. Vacating
of premises or building or nonoperative status of such premises or
building shall be conclusive evidence of discontinued use.
Any lawful nonconforming use of land exclusive of buildings
and structures and the use contained therein may be extended upon
the lot upon which it exists at the time of the effective date of
this chapter, but such extension shall conform to area and lot regulations
and to the design standards of this chapter. The extension of a nonconforming
use on a lot shall be limited to the lot that was in existence on
the effective date of this chapter.
A nonconforming structure that is partially damaged or entirely
destroyed by natural or accidental causes not related to demolition
may be rebuilt and occupied for the same use as before the damage,
provided that the reconstructed structure shall not increase any dimensional
nonconformity and that the reconstruction shall start within one year
from the time of damage to the structure and carried on without interruption.
If a nonconforming structure or building or portion thereof
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or maintenance and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired, or rebuilt
except in conformity with the regulations of the zone in which it
is located.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign,
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
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.
Any external storage of junk (as defined herein) upon a property
used as a principal residence that was legally existing as of the
effective date of this chapter shall be considered nonconforming.
All such storage may continue for a period of up to six months from
the effective date of this chapter. After the six-month period, all
such storage shall be removed. Failure to remove such junk shall constitute
a zoning violation. Any improvement, repair, reconstruction, or any
other alteration made to the area used to store junk during the six-month
period shall not waive the requirements for elimination of the use.
Subject to the provisions of Section 508(4) of the Act, in any zone in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected as a use by right on any single lot, as defined in this chapter, existing in single and separate ownership on the effective date of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the zone in which the lot is located. However, all setback and lot coverage requirements shall be met unless variances are authorized pursuant to §
380-139C of this chapter.
Any use that is permitted by variance under the terms of this chapter shall not be deemed a nonconforming use. Any expansion and/or alteration of such use will require approval of another variance by the Zoning Hearing Board in accordance with §
380-139C of this chapter.