[Ord. 2007-2, 5/22/2007]
This Part shall apply to all nonconforming uses, structures
and lots, as defined by this chapter. Nothing contained herein shall
require any change in the overall layout, plans, construction, size
or designated use of any development, building, structure or part
thereof for which official approval and required permits have been
granted prior to the effective date of this chapter or any amendment
thereto.
[Ord. 2007-2, 5/22/2007]
These regulations shall apply to any use of a structure or lot
in any zoning district that is a nonconforming use, as defined by
this chapter. Whenever the boundaries of a zoning district shall be
changed so as to transfer an area from one zoning district to another
of a different classification, these regulations shall also apply
to any uses that thereby become nonconforming.
A. Continuation. Where, at the effective date of adoption or amendment
of this chapter, a lawful use of a lot or structure exists that is
made no longer permissible under the terms of this chapter as enacted
or amended, such use may be sold or otherwise transferred to other
owners and may be continued as long as it remains otherwise lawful
in accordance with the provisions of this Part.
B. Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall be enlarged
or increased or extended to occupy a greater area than was occupied
at the effective date of adoption or amendment of this chapter, unless
the Zoning Hearing Board, after public hearing, shall interpret that
the enlargement or extension is necessary by the natural expansion
and growth of the nonconforming use. Any such enlargement or expansion
shall conform to the area, height and yard requirements of the zoning
district in which it is located. Such enlargement or expansion shall
not be extended onto any property that was not owned by the owner
of the nonconforming use at the time the use became nonconforming.
(2)
No nonconforming use shall be moved, in whole or in part, to
any other portion of the lot occupied by such use at the effective
date of adoption or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout any part of
a structure that was designed for such use at the time the use became
nonconforming; however, a nonconforming use shall not be extended
to occupy any structure, except on a lot or portion of a lot owned
at the time the use became nonconforming.
C. Change of use.
(1)
A nonconforming use shall not be changed to any use other than
a conforming use, except as permitted by the Zoning Hearing Board
in accordance with the following:
(a)
The new use will more closely correspond to the uses permitted
in the district.
(b)
The changed use will be in keeping with the character of the
neighborhood in which it is located.
(c)
The applicant clearly demonstrates a hardship in converting
the use to a conforming use in accordance with the criteria of § 1605
for obtaining a variance.
(d)
Any change from one nonconforming use to another shall comply
with the parking requirements of Part 13 for the use and shall be
subject to the area, bulk and buffer area regulations for such use
in the district where such use is authorized.
(2)
When a nonconforming use is changed to a conforming use, the
use thereafter shall not be changed to a nonconforming use.
D. Abandonment. When a nonconforming use of structure and/or lot is
discontinued or abandoned for 12 consecutive months, the structure
and/or lot shall not thereafter be used except in conformance with
the regulations of the zoning district in which it is located.
E. Damage or destruction.
(1)
Residential dwellings that are nonconforming uses in the B-1
or I-1 Districts may be rebuilt on the existing foundation in the
event of damage or destruction, provided that the reconstruction is
started within three years of the date of destruction.
(2)
In the event that damage or destruction of a structure in which
a nonconforming use, other than a dwelling, is conducted involves
50% or less of the total floor area of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is started within
18 months of the date of destruction.
(3)
In the event that a structure in which a nonconforming use,
other than a dwelling, is conducted is damaged or destroyed by fire
or other means to an extent of more than 50% of its total floor area,
the structure shall be reconstructed only to house a conforming use.
[Ord. 2007-2, 5/22/2007]
These regulations shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts.
A. Structural alteration. No such structure may be enlarged or structurally
altered in a way that increases its nonconformity, except when the
Zoning Hearing Board, after public hearing, may determine undue hardship
and may authorize a reasonable modification of such structure.
B. Damage or destruction. Any nonconforming structure that has been
partially or completely damaged or destroyed by fire or other means
may be rebuilt or repaired on its existing foundation even though
such foundation may violate the setback requirements for the zoning
district in which the structure is located, provided that the repair
or reconstruction and reoccupancy of the structure occurs within 18
months of the date that the original structure was damaged or destroyed.
C. Moving. Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the requirements of the zoning
district in which it is located.
D. Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided
that no structural alterations are made that increase the gross surface
area of the sign; however, nonconforming signs that are damaged or
destroyed to an extent of more than 50% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
(2)
The structure of a nonconforming sign shall not be enlarged,
added to or replaced by another nonconforming sign. The surface area
of a nonconforming sign shall not be enlarged or added to; however,
the replacement of advertising panels or the message displayed shall
be permitted. The surface area of a nonconforming sign may be reduced
even though the reduced surface area remains nonconforming.
E. Repair or maintenance. Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a safe condition of any
structure or part thereof declared to be unsafe by any official charged
with protecting the safety of the public.
[Ord. 2007-2, 5/22/2007]
The following regulations shall apply to nonconforming lots,
as defined by this chapter:
A. Lot area and lot width. Any lot of record existing at the effective
date of this chapter may be used for the erection of a structure conforming
to the use regulations of the zoning district in which it is located,
without a lot area or lot width variance, even though its lot area
and width are less than the minimum required by this chapter; however,
such lot shall comply with the front, rear and side yards, height
and lot coverage standards of the zoning district wherein it is located.
B. Front yard setback. Where structures exist on adjacent nonconforming
lots of record that have front yards less than the minimum depth required,
the minimum front yard for an adjacent undeveloped nonconforming lot
of record shall be the average depth of the nonconforming front yards
on the immediately adjacent developed nonconforming lots on either
side of the undeveloped lot.