The following terms shall have the following meanings:
A lot the area of dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
The Zoning Officer may identify and register all nonconforming
uses and structures. If specific evidence is presented by a property-owner
to the Zoning Officer that an existing nonconformity is lawful, and
an application is made, then the Zoning Officer shall present that
property owner with a written statement certifying the lawfulness
of the nonconformity.
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or at the time of an amendment that creates a nonconformity,
may be continued except as in hereinafter provided, even though such
use does not conform to the provisions of this chapter or subsequent
amendments.
A.
A structure that does not conform to the dimensional, area, parking, buffer or other requirements of this chapter may be extended or expanded only if the extension/expansion meets all the requirements of this chapter and the extent of the nonconformity is not increased. In the case of a nonconforming structure that includes a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection B of this section.
B.
A use that does not conform to the use regulations of the district
in which it is located may be extended or expanded by special exception
granted by the Zoning Hearing Board, provided that:
(1)
The proposed extension shall take place only upon the same lot on
which the use existed at the time the use became nonconforming and
shall be prohibited from encroaching on another lot subsequently added
to the original parcel. Permission to extend a nonconforming use as
described in this article shall not be construed to mean that new
uses may be established.
(2)
The proposed extension shall conform with the setback, yard, area,
dimensional, building height, parking, sign, buffer, and all other
area and dimensional requirements of the district in which said extension
is located, as contained in this chapter.
(3)
Any increase in building floor area and land area occupied by the
use, whichever is more restrictive, shall not exceed a total aggregate
of more than 50% of such measurement that existed as of the date the
use became nonconforming, during the life of the nonconformity. Any
such expansion by more than 5% shall also require special exception
approval by the Zoning Hearing Board. Structures or land uses that
reached their maximum expansion allowance under previous ordinances
are not eligible for any expansion under this chapter.
(4)
No nonconforming use shall be extended to displace a conforming use.
Once a nonconforming use is changed to a conforming use, it shall
not revert back to a nonconforming use.
A nonconforming building or structure, or any building or structure
containing a nonconforming use, wholly or partially destroyed by fire,
explosion, flood or other natural phenomenon, or legally condemned,
may be reconstructed and used for the same nonconforming use, provided
that reconstruction of the building shall be commenced within one
year from the date the building was destroyed or condemned and shall
be carried on without interruption. No further expansion of the original
nonconforming use will be permitted. If a nonconforming building or
structure is removed or demolished by the owner, it shall be replaced
only with a conforming structure.
If a nonconforming use of a structure or lot is abandoned for
a continuous period of one year, subsequent use of such structure
or lot shall be in conformity with the provisions of this chapter.
Abandonment shall commence when the nonconforming use ceases, provided
there is not clear evidence of an intent to sell or lease the structure
or lot for such use.
B.
If a lot
with a nonconforming single-family detached dwelling is being subdivided,
resulting in a new lot, then a minimum lot area of one acre shall
be retained with the single-family detached dwelling, and the following
minimum yards shall apply, unless a less restrictive yard already
exists:
A.
Once
changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
B.
Any
residential or nonresidential nonconforming use may be changed to
another nonconforming use only if permitted as a special exception
by the Zoning Hearing Board after the following conditions are met:
(1)
The applicant shall show that the nonconforming use cannot reasonably
be changed to a conforming use.
(2)
The applicant shall show that the proposed change will be equally
or less objectionable in external effects than the existing nonconforming
use with regard to:
(3)
The application shall be accompanied by site and building plans and
other materials that completely describe the proposed use and improvements.
Such plans and other materials must provide a sufficient basis for
evaluating the applicant's request.
