Except as otherwise provided in this section, or §
415-44D of this chapter, any use, building or structure lawfully existing at the time of enactment of this chapter may be continued although it is not in conformity with the regulations specified by this chapter.
If a nonconforming use of land or of a building or structure
ceases or is discontinued for a continuous period of one year or more,
subsequent use of such building, structure or land shall be in conformity
with the provisions of this chapter.
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 the design standards of this chapter and to the percentage limitation as set forth in §
415-129A(2) of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
Any nonconforming use may be replaced or substituted by another
nonconforming use by special exception, if the Zoning Hearing Board
determines that the proposed use is at least equally compatible with
the surrounding area as the original nonconforming use. In addition,
the proposed nonconforming use shall not increase any dimensional
nonconformities. The Zoning Hearing Board may attach reasonable conditions
to the special exception to keep the use compatible with its surroundings.
Any lawful nonconforming building or other structure which has
been involuntarily damaged or destroyed by fire, explosion, windstorm,
or other similar active cause may be reconstructed in the same location,
provided that:
A. The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure and
such reconstructed building or structure shall not increase any dimensional
nonconformities; and
B. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
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.
Subject to the provisions of Section 508(4) of the Act, the following shall apply:
A. In any zone in which single-family detached dwellings are permitted,
a single-family detached dwelling may be erected 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. All setback
and lot coverage requirements shall be met.
B. If a lot consists of two or more lots of record or combinations of
lots or portions of lots of record held in single and separate ownership
on the effective date of this chapter, such lots of record shall not
be separately transferred or developed, unless the lot so transferred
or developed (whether consisting of one or more lots of record) and
the lot retained by the transferor (whether consisting of one or more
lots of record) shall meet all requirements of the zone in which the
lot or lots are located. It is the intention of this provision that
no portion of any lot consisting of two or more lots of record shall
be used or sold in a manner which does not comply with all requirements
established by this chapter or which shall result in the creation
of a lot with a lot width, lot area or yard setback below the minimum
requirements or with lot coverage in excess of the maximum requirements
stated in this chapter.