Except as otherwise provided in this section, 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 to the design standards 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.
A. 
Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria and those contained in § 220-111C:
(1) 
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter or any amendment thereto creating the nonconformity.
(2) 
The total of all such expansions or alterations of use shall not exceed an additional 25% of the actual area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
[Amended 7-12-2011 by Ord. No. 622]
(3) 
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(4) 
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(5) 
Appearance should be harmonious with surrounding properties; this feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
(6) 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes, but is not limited to, fences, walls, plantings and open spaces.
(7) 
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(8) 
No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in any floodplain.
(9) 
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in a floodplain shall be permitted when either elevated above the base flood elevation or floodproofed. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies.
B. 
Any dimensional nonconformity may be reduced by permitted use. No extension or enlargement of a dimensional nonconformity shall be permitted.
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 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.
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.
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.
[Amended 9-27-2022 by Ord. No. 678]
In any zone in which single-family houses are permitted, a single-family house and customary accessory buildings may be erected on any lot of record in existence at the effective date of the chapter. For purposes of this section, when two or more nonconforming lots for which a subdivision plan had not been recorded are contiguous and are in single ownership, they become held in common as one parcel and require a variance from the Zoning Hearing Board to subdivide the parcel. This shall apply regardless of the number of deeds held by the owner. This provision shall apply even though such lot fails to meet requirements of side, front or rear yards or the minimum lot area requirements applicable in the district in which the lot is located.
Any sign that was legally existing as of the effective date of this chapter that does not comply with the provisions listed in § 220-36 of this chapter shall be considered a nonconforming sign. All nonconforming signs may continue for a period up to five years from the effective date of this chapter. After the five-year continuance period, all nonconforming signs shall be removed, reconstructed and/or altered so that they comply with all of the provisions contained within § 220-36 of this chapter. Any improvements, repairs, reconstructions or any other alterations made to the nonconforming sign during the five-year continuance period shall not waive the requirements for elimination of the nonconforming signs at the end of the continuance period. This section shall not apply to any legally existing nonconforming billboards.
Any external storage of junk (as defined herein) within a residential zone 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 continuance period, all such storage shall be removed. Failure to remove such junk shall constitute a zoning violation. Any improvements, repairs, reconstructions, or any other alterations made to the area used to store junk during the continuance period shall not waive the requirements for elimination of the use at the end of the continuance period.