It shall be the responsibility of, with the burden of proof
upon, a party asserting a nonconformity to provide the evidence that
it is lawful. A property owner may request a written statement of
nonconformity from the Zoning Officer after providing sufficient evidence.
The following shall apply, unless the structure is approved under §
270-179 of this chapter.
A. Nonconforming structure.
(1)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided that:
(a)
Such action will not increase the severity or amount of the
nonconformity (such as the area of the building extending into the
required yard) or create any new nonconformity.
(b)
Any expanded area will comply with the required setbacks in
the applicable zoning district and any other requirements of this
chapter.
(2)
In the case of a nonconforming structure that is used by a nonconforming
use, any expansion shall also meet the requirements of this article
regarding nonconforming uses.
B. Nonconforming lots.
(1)
Permitted construction on a nonconforming lot. A single, permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot provided all of the
following additional requirements are met:
(a)
The lot must be a lawful nonconforming lot of record.
(b)
Minimum setback requirements shall be met.
(c)
All applicable zoning overlay district provisions in Part
6 of this chapter are met.
(d)
The water and sewage requirements of §
270-81 of this chapter shall be met.
(e)
If the lot has a lot area of less than one acre, then the lot
area shall not be less than 50% of the area that would otherwise be
required.
(f)
The gross lot area of a nonconforming lot shall not be increased
by greater than 35% beyond what existed in the nonconforming lot at
the time the lot first became nonconforming.
(2)
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
C. Expansion of a nonconforming nonresidential use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(1)
An expansion of more than 10% in total building floor area shall
require special exception approval from the Zoning Hearing Board under
Part 12.
(2)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(3)
The total building floor area used by a nonconforming use or
the total land area covered by the nonconforming use, whichever is
more restrictive, shall not be increased by greater than 35% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
(a)
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(4)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
D. Expansion of a nonconforming residential use. An existing nonconforming
residential use may be expanded as a permitted by right use, provided
that:
(1)
The number of dwelling units are not increased.
(2)
The expansion meets all applicable setbacks.
(3)
No new types of nonconformities are created.
(4)
A nonconformity is not made more severe. Changes in dwellings within a mobile home park shall be regulated by Article
XVII, Specific Use Standards, of this chapter.
E. Nonconforming sign. The provisions of this chapter shall not be interpreted
to provide a right to expand or extend a nonconforming sign. Instead,
any expansions or extensions of a nonconforming sign shall comply
with this chapter.
A nonconforming structure that has been destroyed or damaged
may be rebuilt in a nonconforming fashion only if:
A. Not more than 75% of the replacement cost or assessed value of the
structure, whichever is greater, has been destroyed or damaged.
B. The application for a building permit and/or zoning permit is submitted
within 18 months after the date of damage or destruction.
C. Work begins in earnest within 12 months afterwards and continues.
D. No nonconformity may be created or increased by any reconstruction.
The property shall be properly secured during such time in such a
way to keep out trespassers and to avoid harm to neighboring properties.
Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under Article
XVIII, Nonconformities, of this chapter.