[Ord. 725-04, 11/8/2004]
Lawful uses of land, which at the effective date of this Chapter
or as a result of subsequent amendment thereto become nonconforming
and where such use involves no individual structure or building with
a replacement cost exceeding $1,000 may be continued by the present
or any subsequent owner so long as it remains otherwise lawful, subject
to the following provisions:
A. Extension. No such nonconforming use shall be enlarged or increased
or expanded unless by special exception granted by the Zoning Hearing
Board as long as such extension does not detract from the character
of the neighborhood.
B. Discontinuance. Whenever a nonconforming use has been discontinued
for a period of 12 consecutive months, such use shall not thereafter
be reestablished. Any future use shall be in conformity with the provisions
of this Chapter.
C. Changes or Moving of Use. A nonconforming use, if changed to a conforming
use, shall not thereafter be changed back to any nonconforming use.
A nonconforming use may, by special exception, be changed to another
nonconforming use provided that the Zoning Hearing Board shall find
that the proposed use is equally appropriate or more appropriate in
the zoning district than the exiting nonconforming use.
D. Additional Structures or Buildings. No additional structures or buildings
not conforming to the requirements of this Chapter shall be erected
in connection with such nonconforming use of land.
[Ord. 725-04, 11/8/2004]
Structures or buildings which, at the effective date of this
Chapter subsequent amendments thereto, become nonconforming by reason
of restrictions on area, lot coverage, height, yards, its location
on the lot or other requirements concerning the building or structure
may be continued to be used so long as such structure or building
remains otherwise lawful, subject to the following provisions:
A. Enlargement. No such nonconforming structure or building may be enlarged
or altered in a way, which increases it nonconformity, but any structure
or portion thereof may be altered to decrease its nonconformity.
B. Moving of Structure or Building. No nonconforming structure or building
shall be, for any reason, moved for any distance unless it shall thereafter
conform to the zoning regulations for the district in which it is
located after it is moved.
C. Discontinuance. Whenever a nonconforming structure or building has
been vacated for a period of 18 consecutive months, such structure
or building shall thereafter not be used except in conformance with
the provisions of this Chapter.
[Ord. 725-04, 11/8/2004]
Lawful structures or buildings, which at the effective date
of this Chapter or as a result of subsequent amendments thereto become
nonconforming, may be continued by the present or any subsequent owner
so long as such use remains otherwise lawful, subject to the following
provisions:
A. Extension. A nonconforming use may be extended throughout any part
of an existing structure or building provided, that any structural
alterations, extensions or additions shall comply with all provisions
of this Chapter with respect to height, area, width, yard and coverage
requirement for the zoning district in which the structure or building
is located. However, such extension of a nonconforming use shall not
exceed 50% of the gross floor area occupied by said nonconforming
use at the time such nonconforming use became nonconforming.
B. Change of Use. A nonconforming use, if changed to a conforming use,
shall not thereafter be changed back to any nonconforming use. A nonconforming
use may, by special exception, be changed to another nonconforming
use; provided, that the Zoning Hearing Board shall find that the proposed
use is equally appropriate or more appropriate in the zoning district
than the existing nonconforming use.
C. Discontinuance. Whenever a nonconforming use of a structure or building
or portion thereof has been discontinued or abandoned for 18 consecutive
months, such structure or building or portion thereof shall not thereafter
be used for a nonconforming use.
D. Destruction.
(1)
Destruction of the structure or building in which a nonconforming
use is located shall not eliminate the use of the land for such nonconforming
use. The building may be repaired or rebuilt with Zoning Hearing Board
approval by special exception.
(2)
Existing homes may be rebuilt within footprint of the original
structure or must comply with current setback requirements.
[Ord. 725-04, 11/8/2004]
If a nonconforming structure or building or portions thereof
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repair or maintenance, and is declared by the Zoning
Officer to be unsafe or unlawful by reason of physical condition,
such structure or building shall not thereafter be restored, repaired
or rebuilt except in conformity with the regulations of the zoning
district in which it is located.
[Ord. 725-04, 11/8/2004]
Any use which is permitted as a special exception in a zoning
district under the terms of this Chapter (other than a change through
Zoning Hearing Board action from one nonconforming use to another
nonconforming use) shall not be deemed a nonconforming use in such
zoning district, but shall without further action be considered a
conforming use.
[Ord. 725-04, 11/8/2004]
To facilitate the administration of this Chapter it shall be
the duty of the Zoning Officer to prepare and maintain an accurate
listing of uses and structure in all districts not permitted by right
in that district, and for which no special exception or variance has
been issued and which does not otherwise comply with all Sections
of this Chapter.
A. Such a listing shall be a matter of public record and shall constitute
sufficient notice of the nonconforming status of said use and/or structures
and the limitations therein expressed and implied to any transferee
acquiring any right to use or own such property.
B. If possible, this list of nonconforming uses shall consist of a statement
covering the general character and conduct of such use and any effects,
adverse or otherwise, that this use has on the surrounding area.