Within the zoning districts established by this chapter or subsequent
amendments thereto, there may exist or will exist certain nonconforming
uses of structures and/or land which if lawful before this chapter
was passed or amended, may be continued, subject to certain limitations,
although such uses would be prohibited, regulated or restricted under
the terms and provisions of this chapter or subsequent amendments
thereto.
A.
In any zoning district, structures, both principal and accessory,
maybe erected on any single lot of record at the effective date of
adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions or regulations of this chapter, even though
such lots fail to meet the requirements for the area and/or width
of the zoning district in which such lot is located. The erection
of a structure on such a lot shall, however, conform to front, rear
and side yard requirements for the zoning district in which such lot
is located. Variances from the governing yard requirements in any
zoning district, including but not limited to using the existing foundation
and/or footprint of a prior structure, may be obtained only through
action of the Zoning Hearing Board.
B.
If two or more adjacent lots, with continuous frontage, in single
ownership, are lots of record at the effective date of the adoption
or amendment of this chapter, and if such lots do not meet the required
lot area and/or width requirements, such lots shall be considered
to be an undivided parcel and no portions of such parcel shall be
used or sold in a manner which further diminishes compliance with
the required lot area and/or width requirement for the zoning district
in which such lots are located.
Any lawful nonconforming use and/or nonconforming structure
may be continued except as otherwise provided in this article, but
any nonconforming use and/or structure shall not be enlarged, reconstructed,
structurally altered or changed except as permitted by provisions
of this article.
The Zoning Officer may prepare and maintain an accurate listing
of all nonconforming uses and structures. The Zoning Officer or the
property owner may initiate the process of certifying the nonconformity
of a given property. The Zoning Officer shall issue a certificate
of nonconformity where he finds the use or structure, although not
in compliance with all applicable requirements of the zoning district
in which it is located, to be a lawful nonconforming use or structure.
The Zoning Hearing Board may grant a special exception to allow
one nonconforming use to be changed to another nonconforming use,
if the Board finds that all of the following provisions will be met:
A.
No structural alterations are made.
B.
The proposed change shall be less objectionable in external effects
than that of the previous or existing nonconforming use, and shall
be more consistent with its physical surrounding.
C.
There shall be no increase in traffic generation or congestion, including
both vehicular and pedestrian traffic.
D.
There shall be no increase in the danger of fire or explosion.
E.
There shall be no increase in noise, smoke, dust, fumes, vapors,
gases, heat, odor, glare, vibration, lighting or electrical disturbances.
F.
There shall be no increased threat to health by any reason, including
that of rodent, vermin or otherwise.
The Zoning Hearing Board may grant a special exception for the
enlargement of a nonconforming use and/or structure, if the Board
finds the following standards will be met:
A.
The enlargement will not replace a conforming use.
B.
The nonconforming structure and/or use, after enlargement, shall
comply with the yard and lot coverage requirements applicable to the
zoning district in which it is located.
C.
The use and/or structure, after enlargement, shall comply with all
applicable off-street parking and/or loading requirements for said
use and/or structure.
D.
Not more than one enlargement of a nonconforming use and/or structure
shall be permitted.
E.
A nonconforming structure and/or use shall not be enlarged beyond
the limits of the zoning lot on which it is located. Expansion to
an adjoining lot shall be prohibited, even if such adjoining lot was
in the same ownership at the effective date of the adoption of this
chapter.
F.
The enlargement shall not exceed 25% of the floor area or land area
as it existed at the time the structure or use first became nonconforming.
A.
Any voluntary and/or unintentional destruction of a nonconforming
use and/or structure which has been damaged or destroyed by fire,
explosion, windstorm, flood or other similar act or cause to the extent
of more than 60% of its reproduction value at the time of the damage
shall not be restored except in conformity with the regulations of
the zoning district in which it is located.
B.
When damage is less than 60% of its reproduction value, a nonconforming
building or other structure may be repaired or reconstructed and used
as before the time of the damage, provided such repairs or reconstruction
are completed within one year of the date of such damage, unless a
variance is secured from the Zoning Hearing Board.
C.
A conforming residential use, which is constructed on a lot that
is nonconforming with respect to lot area, lot width, and/or yard
areas, may be reconstructed on the same lot subject to receiving approval
from the Zoning Hearing Board for any necessary variances.
A.
Nonconforming use and/or structure. A nonconforming use and/or structure
shall not be reconstructed when damaged to an extent greater than
60% of its reproduction value at the time of the damage and said nonconforming
use and/or structure shall be deemed terminated.
B.
Change of nonconforming use. Where a nonconforming use is changed
into a conforming use, a nonconforming use shall not thereafter be
resumed. A change of one nonconforming use without approval by the
Zoning Hearing Board shall be considered an abandonment of the prior
nonconforming use, which shall not thereafter be resumed.
C.
Abandonment of nonconforming use. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed abandoned, if it is changed as set forth in Subsection B, or if it is discontinued for a continuous period of one year and the owner of said property fails to obtain a certificate of intention in accordance with § 127-80 of this chapter which indicates his or her intent to resume the nonconforming use.
D.
Unsafe structures. If a nonconforming structure, containing a nonconforming
use, becomes physically unsafe due to lack of maintenance or repairs
and has been legally condemned, it shall not thereafter be restored,
repaired or rebuilt except in conformity with uses permitted within
the zoning district in which such structure is located.
A certificate of intention shall be required in any instance
when a nonconforming use of a structure, building and/or land is to
be discontinued for a period of more than one year and the owner or
operator of the nonconforming use wishes to maintain a legal nonconforming
status. A certificate of intention form shall be completed by the
owner or operator of the discontinued nonconforming use. Said completed
certificate of intention form shall be submitted to and approved by
the Zoning Officer. The applicant shall indicate in writing the reason
or basis for the discontinuation of the nonconforming use and the
anticipated date on which the nonconforming use will resume. A certificate
of intention, as issued and approved by the Zoning Officer, shall
be valid for a period of one year from the date of issuance. A certificate
of intention may be renewed annually by the owner or operator of the
nonconforming use. Failure to renew a certificate of intention shall
constitute a deemed abandonment of the use and forfeiture of the legal
nonconforming use status of the property. A certificate of intention
may not be renewed to exceed a period of two years beyond the original
date of issuance.
