As used in this article, the following terms shall have the
meanings indicated:
A structure or lot, or part of a structure or lot, which does not comply with the applicable area, dimensional, parking, buffer, height, environmental or other provisions of this chapter or amendment heretofore or hereafter enacted, where such structure or lot lawfully existed prior to enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconforming lots are also governed by § 195-76 of this chapter.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
A building for which a valid building permit has been issued
and is actually under construction to the extent of completion of
footings may be completed as a nonconforming use. Buildings for which
no permit has been issued or for which the footings have not been
completed at the time of passage of this chapter shall be built in
conformity with its requirements.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under all of the
following conditions:
A.
Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
B.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
No nonconforming use which has been abandoned or discontinued
shall be resumed. For purposes of this section, cessation of use for
the period of one year shall raise a presumption of abandonment or
discontinuance, and no use which has ceased for one year shall be
resumed except upon special exception by the Zoning Hearing Board,
which shall only be given when the Board is satisfied that the applicant
has overcome the presumption of abandonment or discontinuance.
A.
A structure that does not conform with the dimensional, area, parking,
buffer, environmental and all other requirements of the district in
this chapter may be extended only if the extension meets all of the
requirements of this chapter. Such a structure may be extended by
right along the building lines of the existing nonconformity in keeping
with all applicable provisions of this chapter.
B.
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 buildings and held in single and separate
ownership on the effective date of this chapter, provided that the
area of the building or structure in which the use is located shall
not be increased by more than a total of 25% of the area of such building
existing on the date it first became a lawful nonconforming building
or a building of which a lawful nonconforming use is made, and provided,
further, that any structural alteration, extension or addition shall
conform to all the height, area, width, yard and coverage requirements
for the district in which it is located. A nonconforming use conducted
mostly out of doors shall not be increased to occupy more than an
additional 25% of the square footage actively devoted to the nonconforming
use on the date the use first became nonconforming, provided that
the expansion shall comply with applicable area and dimensional requirements
of this chapter.
C.
Permission to extend a nonconforming use as described in this article
shall not be construed to mean that a new use or uses may be established.
A nonconforming use shall be prohibited from encroaching on another
parcel of land subsequently added to the original parcel. A structure
which is nonconforming in terms of height shall not be extended to
increase the height.
A nonconforming building which has been damaged or destroyed
by fire, explosion, accident or calamity (as contrasted to deterioration
due to time or neglect) may be reconstructed and used for the nonconforming
use, provided that the reconstructed building shall not exceed in
height, area and volume the building destroyed and that the building
reconstruction shall be started within one year from the date the
building was destroyed and shall be carried on without interruption
and completed within two years.
A nonconforming building which has been legally condemned shall
not be rebuilt or used except in accordance with the provisions of
this chapter.
Any sign existing at the time of passage of this chapter and
which was legally erected that does not conform with these regulations
shall be considered a nonconforming sign. Owners of property upon
which a nonconforming sign exists shall make application for a registration
of the nonconformity with the Zoning Officer for a determination as
to the sign nonconformity. Failure of an owner to comply with this
provision shall be a forfeiture of the right to use the nonconforming
sign or to transfer its use to a subsequent owner or tenant of the
property.
A.
Upon request by the Board of Supervisors or a property owner who
desires to register a nonconforming use, structure or lot, and subsequent
to the provision by the property owner of documentation and verification
of the proposed nonconforming use, structure or lot, the Zoning Officer
shall identify and register a nonconforming use, structure or lot
as follows:
(1)
The location and description of the use and/or structure, including
county parcel number.
(2)
The name and address of the owner of the nonconforming use or structure.
(3)
The date when the nonconforming use or structure came into existence.
(4)
A description of the nonconforming use or structure under one or
more of, but not limited to, the following classifications in regard
to the type, extent and volume of said nonconformity:
(a)
Nonconforming uses of open land (for example, junkyards or used
car lots).
(b)
Nonconforming uses of conforming buildings (for example, a funeral
home utilizing an old residence in a residential district).
(c)
Nonconforming uses of buildings usable only for nonconforming
purposes (for example, a gasoline service station in a residential
district).
(d)
Buildings that are nonconforming only so far as they violate
dimensional regulations.
B.
The failure to register a nonconforming use for a period of two years
shall be evidence of abandonment of the same.
C.
The Zoning Officer at any time may challenge any registration by
ordering the same stricken or amended in any respect, which order
shall be conclusive and shall determine the nature and scope of the
nonconforming use or structure unless appealed within 30 days of receipt
of the order to the Zoning Hearing Board.
D.
The registration of a nonconforming use or structure shall be prima
facie evidence of the validity of the nonconforming use or structure
until such time as the Zoning Officer challenges the registration.
