[Amended 3-24-1986 by Ord. No. 86-2]
A. A lawful nonconforming use which is abandoned shall be deemed to
have terminated absolutely, and any subsequent use shall conform to
the regulations on uses prescribed for the zoning district in which
the property is located. A nonconforming use shall be deemed abandoned
under the following circumstances:
(1) The use is discontinued for a period of 12 calendar months or longer;
or
(2) The intent of the owner to discontinue the use is apparent; or
(3) The use is replaced by a conforming use or is changed to another
use; or
(4) The building or structure which houses the use is destroyed by casualty or is demolished, and resumption of the use is prohibited under the provisions of §
240-61A.
B. Nothing in this §
240-60, however, shall be construed so as to permit a lawful nonconforming use to be changed to another nonconforming use or to permit a nonconforming use to be added to a lawful nonconforming use.
[Amended 3-24-1986 by Ord. No. 86-2]
A. Reconstruction of a damaged or destroyed nonconforming building or
structure; resumption of a nonconforming use. If a building or structure
which houses a lawful nonconforming use, or if a building or structure
which is itself a lawful nonconforming structure, is so damaged or
destroyed by casualty that the cost of reconstructing or restoring
the building or structure or the cost of restoring or resuming the
use equals or exceeds 50% of the fair market value of the building
or structure before the casualty (exclusive of foundations), the building
or structure shall not be reconstructed or restored unless it is made
to conform with the regulations for use and the regulations for lot
area, lot width, height limit, building area, yards and open spaces
prescribed for the zoning district in which it is located. The nonconforming
use housed by the damaged or destroyed building or structure shall
not be resumed (even if the building or structure is reconstructed
or restored) but shall be deemed to have terminated.
B. Alteration of a building or structure which houses a nonconforming
use. A building or structure which houses a lawful nonconforming use
may be altered, modernized or restored and continued to be used for
the nonconforming use, provided that:
(1) The building or structure is one which was damaged or destroyed by
casualty, but the cost of restoring the building or structure or the
cost of restoring or resuming the use is less than 50% of the fair
market value of the building or structure before the casualty (exclusive
of foundations); the work of restoration is commenced within 12 calendar
months from the date of the casualty and is carried to completion
without undue delay; the work of restoration conforms to the regulations
for height limit, yards and open spaces prescribed for the zoning
district in which the building or structure is located; the building
area will not exceed the building area which existed before the casualty;
and the nonconforming use will not be expanded; or
(2) The building or structure is not one which was damaged by casualty
but is one which is deteriorated, depreciated or exhausted by wear
and tear and the cost of the alterations, the modernization or the
restoration is less than 50% of the fair market value of the building
or structure (exclusive of foundations); all work conforms with the
regulations for height limits, yards and open spaces prescribed for
the zoning district in which the building or structure is located;
the building area will not exceed the building area which existed
before the work is undertaken; and the nonconforming use will not
be expanded.
C. Alteration as expansion of a nonconforming use. If the alteration or restoration of a building or structure which houses a lawful nonconforming use is permitted under the conditions of Subsection
B(1) or
(2), no expansion of the nonconforming use shall be permitted within or outside the building or structure unless the conditions set forth in §
240-59A(1) through
(4) are met and the expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions of Subsection
B(1) or
(2) will be met; whether the conditions set forth in §
240-59A(1) through
(4) will be met; and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
D. Alteration of a nonconforming building or structure which does not house a nonconforming use. Except as prohibited by Subsection
A of this section, a building or structure which is itself a lawful nonconforming structure (but which does not house a nonconforming use) may be altered, modernized or restored. However, work on that part of the building or structure which is nonconforming shall conform to the regulations for height limit, yards and open spaces prescribed for the zoning district in which the building or structure is located, and the maximum building area permitted shall be the building area which existed before the work is undertaken or the building area which is prescribed for the zoning district, whichever building area is the greater.
No lawful nonconforming use shall be changed to another nonconforming
use, and no nonconforming use shall be added to a lawful nonconforming
use.