[Ord. 227, 12/18/2006]
Except as otherwise provided in this Part, 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.
[Ord. 227, 12/18/2006]
If a nonconforming use of land or building or structure ceases
or is discontinued for a period of two years or more, presumption
of abandonment shall arise, and, unless the presumption is rebutted,
resumption of the use of such building, structure or land shall be
in conformity with the provisions of this chapter.
[Ord. 227, 12/18/2006]
Any lawful, nonconforming use of land, exclusive of buildings
and structures, and the use contained therein, may be extended upon
the lot on which it exists, provided that such extension shall be
limited to a distance of a total of 100 feet in any one or a combination
of directions from the existing nonconforming use or to an area equal
to 50% of the existing nonconforming use, whichever is the lesser.
The extension of a nonconforming use on a lot shall be limited to
the lot which was in existence at the time the use became nonconforming.
Such extension shall also conform to area and lot regulations and
to the design standards of this chapter.
[Ord. 227, 12/18/2006]
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 as equally compatible
with, and not detrimental to, 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 within its surroundings.
[Ord. 227, 12/18/2006]
Any lawful, nonconforming building or other structure which
has been damaged or destroyed by fire, explosion, windstorm, or other
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.
B. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
[Ord. 227, 12/18/2006]
It is the express intent and purpose of this chapter that, if
a building, structure, sign, or use of 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 that 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.
[Ord. 227, 12/18/2006]
In any zone in which single-family detached dwellings are permitted,
a single-family detached dwelling and accessory uses may be erected
on any lot of record held in single and separate ownership on the
effective date of this chapter, or amendment which rendered such lot
nonconforming, and which has continued to be held in single and separate
ownership. An undeveloped remainder of an agriculturally zoned parent
tract from which all legally permitted lots have been subdivided shall
not be considered a lot of record qualifying for an additional dwelling.
Development on nonconforming lots of record shall comply with all
yard, height and building area requirements, unless a variance is
granted by the Zoning Hearing Board.