[Ord. No. 604,
§ 1, 11-9-1970; Ord. No. 1382, § 11, 8-12-2002]
A. Continuation. Any buildings or other structure, or any use of a building
or other structure or land, lawfully existing immediately prior to
the effective date of this ordinance which does not conform with the
provisions of this ordinance shall be considered a lawful nonconforming
building, structure or use and may be continued, except as otherwise
herein provided.
B. Change. Any lawful, nonconforming use of a building or land may be
changed to another nonconforming use of the same or more restrictive
classification when authorized as a special exception by the Zoning
Hearing Board and provided that the Zoning Hearing Board shall find
that the proposed use is equally appropriate or more appropriate to
the district than the existing nonconforming uses. In permitting such
change, the Zoning Hearing Board may require appropriate conditions
and safeguards in accord with the provisions of this ordinance. Such
change shall not thereafter be subject to any further change except
to a conforming use, and for such purpose a building may be extended
in accordance with paragraph E. of this section. Whenever a nonconforming
use of a building or land has been changed to a conforming use, such
conforming use shall not thereafter be changed to a nonconforming
use.
C. Restoration. 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:
1. The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure,
except as provided in paragraph E. of this section; and
2. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
D. Abandonment. If a lawful nonconforming use of a building or other
structure is abandoned or discontinued for a continuous period of
one year or more, or if a lawful nonconforming use of land is abandoned
or discontinued for a continuous period of six months or more, subsequent
use of such building or structure or land shall be in conformity with
the provisions of this ordinance.
E. Extension. Any lawful nonconforming use of a portion of a building
may be extended throughout the building, and any lawful nonconforming
building or any building of which a lawful nonconforming use is made
may be extended upon the lot occupied by such building and held in
single and separate ownership on the effective date of this ordinance,
provided that the area of such building shall not be increased by
more than a total of 25% of the area of such building existing on
the date it first became a lawful nonconforming building or a building
of which a lawful nonconforming use is made; and provided further,
that any alteration, extension or addition shall conform with all
height, area, width, yard and coverage requirements for the district
in which it is located.
[Ord. No. 793,
§ 1, 3-13-1978]
In any residential district, for any use permitted in such district, a building may be erected or altered on any unimproved lot held in single and separate ownership on the effective date of this ordinance which is not of the required minimum area or width, upon the granting of special exception by the Zoning Hearing Board, subject to the provisions of article
XXI, section 2101.B.