[Ord. 206, 2/4/1985]
1.
Where in the districts established by this chapter or amendments
that may later be adopted there exist lots, uses of land and structures,
structures and characteristics of use which were lawful before the
chapter was passed or amended, but which would be prohibited, regulated
or restricted under the terms of this chapter or future amendment,
it is the intent of this chapter to permit these nonconformities to
continue until they are removed, but not to encourage their survival.
It is further the intent of this chapter that nonconformities shall
not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
2.
Nonconforming uses are declared by this chapter to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure, a nonconforming use of land or a nonconforming use
of structure and land in combination shall not be extended or enlarged
after passage of this chapter by attachment on a building or premises
of additional signs intended to be seen from off the premises or by
the addition of other uses of a nature which would be prohibited generally
in the district involved.
3.
It is the intent of this Part to prohibit the expansion of a structure
containing a nonconforming use which is in existence at the time of
the adoption of this chapter. Said nonconforming use of the structure
may be extended throughout the building as it exists at the time of
the passage of this chapter, provided that it complies with other
provisions of this chapter; however, under no circumstances may the
structure be physically enlarged to permit the expansion of a nonconforming
use.
4.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the placing of
construction materials in a permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
[Ord. 206, 2/4/1985]
1.
In any district in which single-family dwellings are permitted, a
single-family dwelling and customary accessory buildings may be erected
on any single lot of record at the effective date of adoption or amendment
of this chapter, notwithstanding limitations imposed by other provisions
of this chapter. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision
shall apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the district,
provided that yard dimensions and requirements other than those applying
to area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of yard requirements
shall be obtained only through action of the Zoning Hearing Board.
2.
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this chapter, and if all or part of
the lots do not meet the requirements established for lot width and
area, the lands involved shall be considered to be an undivided parcel
for the purposes of this chapter and no portion of said parcel shall
be used or sold in a manner which diminishes compliance with lot width
and area requirements established by this chapter, nor shall any division
of any parcel be made which creates a lot width or area below the
requirements stated in this chapter.
[Ord. 206, 2/4/1985]
Where, at the time of passage of this chapter, the lawful use
of land exists which would not be permitted by the regulations imposed
by this chapter, the use may be continued so long as it remains otherwise
lawful, provided that:
A.
No such nonconforming use shall be enlarged or increased nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved, in whole or in part, to
any portion of the lot or parcel other than that occupied by such
use at the effective date of adoption or amendment of this chapter.
C.
If any such nonconforming use of land ceases for any reason for a
period of more than 90 days, any subsequent use of such land shall
conform to the regulations specified by this chapter for the district
in which such land is located. Should a letter of intent for the sale
or rental of such nonconforming use of land be submitted to the Zoning
Hearing Board prior to the expiration of the 90 day time limit, the
Board may grant as a special exception a reasonable extension of time.
D.
No additional structure not conforming to the requirements of this
chapter shall be erected in connection with such nonconforming use
of land.
[Ord. 206, 2/4/1985]
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restriction on area, lot coverage, height,
yards, its location on the lot or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A.
No such nonconforming structure may be physically enlarged or altered
in a way which increases its nonconformity, but any structure or portion
thereof may be altered to decrease its nonconformity.
B.
Should such nonconforming structure or nonconforming portion of a
structure be destroyed to an extent of more than 50% of its replacement
cost at the time of destruction, it shall be not reconstructed except
in conformity with the provisions of this chapter. However, a nonconforming
structure which is destroyed by fire, explosion or act of God may
be rebuilt and used for the same purpose, provided that reconstruction
of the structure is commenced within one year from the date the structure
was destroyed and is carried to completion without undue delay, and
the reconstructed structure does not exceed in height, area and volume
the structure destroyed.
C.
Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
[Ord. 206, 2/4/1985]
If a lawful use involving individual structures or of a structure
and premises in combination exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered except in
changing the use of the structure to a use permitted in the district
in which it is located or to a use of more restrictive nature.
B.
Any nonconforming use may be extended throughout any part of the
building in which a nonconforming use was in existence at the time
of the adoption or amendment of this chapter, but no such use shall
be extended to occupy land outside such building.
C.
If no structural alterations are made, any nonconforming use of a
structure or a structure and premises may, as a special exception,
be changed to another nonconforming use, provided that the Zoning
Hearing Board, either by general rules or by making findings in the
specific case, shall find that the proposed use is equally appropriate
or more appropriate to the district than the existing nonconforming
use. In permitting such change, the Zoning Hearing Board may require
appropriate conditions and safeguards in accord with the provisions
of this chapter.
D.
Any structure or a structure and land in combination in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district, and the nonconforming
use may not thereafter be resumed. If superseded under Subsection
C by a more appropriate use to the district than the existing nonconforming
use, the same shall thereafter conform to that more appropriate use,
and the nonconforming use may not thereafter be resumed.
E.
When a nonconforming use of a structure or a structure and premises
in combination is discontinued or abandoned for nine consecutive months
or for 18 months during any three-year period (except when government
action impeded access to the premises), the structure, or structure
and premises in combination, shall not thereafter be used except in
conformity with the regulations of the district in which it is located.
Should a letter of intent for the sale or rental of such nonconforming
use of land be submitted to the Zoning Hearing Board prior to the
expiration of the nine-month time limit, the Board may grant, as a
special exception, a reasonable extension of time. The Zoning Hearing
Board, upon the receipt of a letter of hardship, may grant, as a special
exception, the continuance/reactivation of a nonconforming use which
has exceeded the nine months or 18 months during the three-year period
time limitations.
F.
Where a nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of land. "Destruction," for the purpose of
this subsection, is defined as damage to an extent of more than 50%
of the replacement cost at time of destruction. However, a nonconforming
structure which is destroyed by fire, explosion or act of God may
be rebuilt and used for the same purpose, provided that the reconstruction
of the structure is commenced within one year from the date the structure
was destroyed and is carried to completion without undue delay, and
the reconstructed structure does not exceed in height, area and volume
the structure destroyed.
[Ord. 206, 2/4/1985]
1.
On any nonconforming structure or portion of a structure containing
a nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs or in repair or replacement of nonbearing
walls, fixtures, wiring or plumbing, to an extent not exceeding 15%
of the current replacement cost of the nonconforming structure or
nonconforming portion of the structure as the case may be, provided
that the cubic content existing before it became nonconforming shall
not be increased.
2.
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
3.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official. Further, nothing in this chapter shall
be enforced to the extent of causing a nonconforming structure containing
a nonconforming use to deteriorate and/or cause a blighting influence
on the general neighborhood.
[Ord. 206, 2/4/1985]
Any use which is permitted as a special exception in a district
under the terms of this chapter, other than a change through a Zoning
Hearing Board action from a nonconforming use to another use not generally
permitted in the district, shall not be deemed a nonconforming use
in such district, but shall without further action be considered a
conforming use.
