As used in this article, the following terms
shall have the meanings indicated:
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply
with the applicable area, setback, yard, building height, location,
size, impervious surface, and/or other dimensional requirements of
this chapter or amendment heretofore or hereafter enacted where such
structure lawfully existed prior to the enactment of this chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
The Zoning Officer shall, upon adoption of this
chapter or amendment thereof, identify and register all nonconforming
uses and structures. Upon identifying the nonconformity, the Zoning
Officer shall mail registration forms to the owner of record.
The lawful use of a building or structure or
the lawful use of any land as existing and lawful at the time of the
enactment of this chapter, or in the case of an amendment to this
chapter then at the time of such amendment, may be continued except
as hereinafter provided, even though such use does not conform to
the provisions of this chapter or subsequent amendments.
A nonconforming building or structure, or any
building or structure containing a nonconforming use, wholly or partially
destroyed by fire, explosion, flood or other phenomenon, or legally
condemned, may be reconstructed and used for the same nonconforming
use, provided that reconstruction of the building shall be commenced
within one year from the date the building was destroyed or condemned
and shall be carried on without interruption. No further expansion
of the original nonconforming use will be permitted. If a nonconforming
building or structure is removed or demolished by the owner, it shall
be replaced only with a conforming structure.
If a nonconforming use of a building, structure,
or lot is abandoned for a continuous period of one year, subsequent
use of such building, structure, or lot shall be in conformity with
the provisions of this chapter. Abandonment shall commence when the
nonconforming use ceases.
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 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:
(1) Traffic generation and congestion including truck,
passenger car, and pedestrian traffic.
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor,
glare or vibration.
(3) Storage and waste disposal.