The requirements and provisions of this Article XVII shall apply to nonconforming uses, structures, and lots in all zoning districts unless application to specific zoning districts is expressly stated.
A.
Notwithstanding any provision of this chapter to the contrary, no
provision of this chapter shall be construed to enable or permit the
expansion of a building, structure, sign or use of land, which existed
as a nonconforming building, structure, sign or use of land pursuant
to the provisions of any prior zoning regulation or ordinance, in
excess of the limits of expansion for a nonconforming building, structure,
sign or use of land authorized by said prior zoning regulation or
ordinance.
B.
It is the express intent and purpose of this chapter that if a building,
structure, sign or use of land was expanded 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; and 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.
From and after the effective date of this chapter, any use and
structure lawfully existing at the time of the enactment of this chapter
(February 8, 1999) but not in conformity with the use provisions for
the zoning district in which it is located may be continued, subject
to the following limitations:
A.
Expansion of nonconforming uses. No expansion of a nonconforming
structure or use shall hereafter be made unless an application has
been filed with the Zoning Hearing Board and such expansion has been
approved by such Board as a special exception; provided, however,
that the expansion of the nonconforming use shall be limited to a
distance of 250 feet in any direction from the existing nonconforming
structure or use or to an area equal to 25% of the existing total
usable area of the use or building; and provided, further, that any
expansion of a nonconforming building or use shall be limited to the
lot limits which existed at the property in question at the time of
adoption of this chapter (February 8, 1999). The applicant shall provide
evidence to the Zoning Hearing Board as to the prior extent of any
nonconforming use at the property. No new nonconformities shall be
created by any proposed expansion unless a variance is sought and
obtained from the Zoning Hearing Board.
B.
Continuity of nonconforming use. Except as otherwise provided in § 280-1702E of this chapter, no nonconforming use may be reestablished after it has been discontinued for 12 consecutive months. Vacating of premises or buildings or nonoperative status of such premises or building shall be presumptive evidence of discontinued use, refutable upon presentation of additional competent evidence.
C.
Substitution of nonconforming use. No nonconforming use may be changed
to any other nonconforming use unless the Zoning Hearing Board shall,
in granting a special exception, find that the proposed nonconforming
use is not more detrimental to the zoning district than the existing
nonconforming use of the property. The Zoning Hearing Board may specify
such appropriate conditions and safeguards as may be required in connection
with such change and the granting of such special exception.
D.
Damage to nonconforming buildings. Except as otherwise specifically
provided, a nonconforming building, structure or use which is partially
damaged by fire, storm, accident or other unintended casualty may
be rebuilt and occupied for the same use as before the damage, provided
that the reconstructed building, structure or use shall not be larger
than the damaged one and that the reconstruction shall start within
one year from the time of such damage. However, a nonconforming building
which has been damaged or destroyed to an extent of 60% or more of
its replacement cost shall not be continued, repaired or reconstructed.
E.
Discontinued nonconforming use of open land. All nonconforming signs,
billboards, junk areas, storage areas, and other nonconforming uses
of open land, when discontinued for a period of 90 days or damaged
or deteriorated to an extent of 60% or more of replacement costs,
shall not be continued, repaired or reconstructed.
F.
Substitution of a nonconforming use with a conforming use. If a nonconforming
use is proposed to be eliminated and a conforming use substituted
but certain dimensional land regulations cannot be met (such as area,
yard, etc.), the Zoning Hearing Board, with such appropriate conditions
and safeguards as the Board may see fit, may grant a special exception
to permit such conforming use.
G.
Status of a conforming use which was previously nonconforming. If
a nonconforming use becomes a conforming use, such use shall not thereafter
revert back to a nonconforming use.
H.
Side and rear yard regulations for accessory buildings on lots containing
a nonconforming use. The side and rear yard regulations are as required
in those zoning districts where the use is a permitted use or the
use is allowed by a special exception.
Lots which are nonconforming because of lot area, lot width,
or lot depth may be used for any use permitted in the pertinent zoning
district. Such uses shall comply with all other requirements of the
zoning district, with the following exceptions:
A.
Lot area exceptions. Lots that are nonconforming because of lot area
may be used for any use permitted in the pertinent zoning district,
provided that such uses shall comply with all other requirements of
the zoning district.
B.
Side yard exceptions. Lots that are nonconforming because of lot
width shall be exempt from the minimum side yard requirements, provided
that such side yards shall comply with the following:
(1)
Residential zoning districts.
(a)
In order to provide for additions to existing single-family
detached and single-family semidetached dwelling units in those cases
where a lot, on which there was an existing dwelling unit, existed
at the time of enactment of this chapter (February 8, 1999), which
has less than the required minimum lot width in the zoning district
in which it is located, the side yard requirement may be reduced by
six inches for each one foot of lot width deficiency to a minimum
side yard of the following:
(b)
The intent of this provision is to permit additional living
space in existing dwelling units and is not to be applicable when
the expansion is for the purposes of adding or creating additional
dwelling units or a change in use classifications.
(2)
Side yard exceptions for accessory buildings in the residential
zoning districts. In order to provide for construction of an accessory
building on those lots which existed at the time of enactment of this
chapter (February 8, 1999) which have less than the required minimum
lot width in the zoning district in which they are located, the side
yard requirement may be reduced by six inches for each one foot of
lot width deficiency to a minimum side yard of the following:
(3)
All other uses and zoning districts shall comply with the following
side yard exceptions:
(a)
Side yards shall not be less than the average of the two adjacent
side yards on the two adjacent properties which front on the same
street, on the same side of the street, and in the same zoning district
as the nonconforming lot.
(b)
Under no circumstances shall any side yard be less than five
feet.
C.
Rear yard exceptions. Lots that are nonconforming because of lot
depth shall be exempt from the minimum rear yard requirements, provided
that such rear yards shall comply with the following:
(1)
Residential zoning districts.
(a)
In order to provide for additions to existing single-family
detached and single-family semidetached dwelling units in those cases
where a lot, on which there was an existing dwelling unit, existed
at the time of enactment of this chapter (February 8, 1999) which
has less than the required minimum lot depth in the zoning district
in which it is located, the rear yard requirement may be reduced by
six inches for each one foot of lot depth deficiency, to a minimum
rear yard depth of 25 feet, in all residential zoning districts.
(b)
The intent of this provision is to permit additional living
space in existing dwelling units and is not to be applicable when
the expansion is for the purposes of adding or creating additional
dwelling units or changes in use classification.
(2)
All other uses and zoning districts shall comply with the following
rear yard exceptions:
(a)
Rear yards shall not be less than the average of the two adjacent
rear yards on the two adjacent properties which front on the same
street, on the same side of the street, and in the same zoning district
as the nonconforming lot.
(b)
Under no circumstances shall any rear yard be less than 15 feet.
Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one zoning district to another zoning
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing therein
or created thereby.
