All lawful uses of land, buildings, sings, or other structures
existing on the effective date of this chapter may be continued, altered,
resorted, reconstructed, sold, or maintained in accordance with the
provisions of this chapter, even though such uses of land, buildings,
sings, or other structures do not conform to the regulations established
for the zoning district in which it is located.
One classification of nonconforming use cannot be changed to another less restrictive use classification. Use classification, as herein described, shall mean the various zoning district classifications with residential single-family being the most restrictive and industrial the least restrictive. For example, a nonconforming use may be changed to another nonconforming use of the same or more restricted classification, but only upon approval of a special exception by the Zoning Hearing Board in accordance with Article
XXIII of this chapter. Before granting a special exception for the replacement of one nonconforming use by another, the Zoning Hearing Board must determine that the proposed nonconforming use will have no more adverse effect upon adjacent property than the existing nonconforming use. In making this determination, the Board should consider particularly the effect upon adjacent property of the following:
B. Extent and appearance of structures.
C. Traffic generation and movement.
E. Emission of noise, odors, fumes, glare, vibration, smoke, vapors,
gases, wastes or stormwater runoff.
F. Fire, explosion or other hazards.
A building, damaged by fire, explosion or other casualty, and which does not comply with the use, area or height regulations of this chapter, shall not be restored, except in conformity with the regulations for the zoning district in which such building is located if said damage exceeds more than 75% of the building's fair market value (at the time of the damage) as determined by the most current assessment of the Clinton County Assessor or a private real estate broker, whichever may be greater. If said damage exceeds than 75% of the building's fair market value (at the time of damage), a variance may be issued by the Zoning Hearing Board, provided the appropriate findings of facts are made as enumerated under Article
XXIII of this chapter. Any nonconforming building properly authorized for reconstruction shall not exceed the height, area or volume of the original building. This provision shall not apply to buildings located in the any floodplain area as set forth in Article
XV of this chapter regarding flood damage control standards. Any such buildings located in any floodplain area as set forth in Article
XV of this chapter that are damaged by fire, explosion or other casualty shall be regulated under terms of Article
XV of this chapter.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the illegal use of a structure
or premises in violation of zoning controls in existence at the time
of enactment of this chapter.
Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one zoning district to another zoning
district of a different classification, the foregoing provisions of
this article shall apply to any nonconforming uses existing therein.
Any permit issued prior to enactment of this chapter shall remain
valid and be subject to the usual provisions concerning the time period
of validity for the permit and any rights to extend the permit for
a lengthier time.