A.
Within the districts established by this chapter or amendments that
may later be adopted there exist lots, structures, and uses of land
and structures which were lawful before this chapter was passed or
amended, but which would be prohibited, regulated, or restricted under
the terms of this chapter or future amendment.
B.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their survival.
Such uses are declared by this chapter to be incompatible with permitted
uses in the districts involved. 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.
C.
A nonconforming structure, use, or lot shall not be extended or enlarged
after passage of this chapter by the attachment of additional signs,
or by the addition of other uses or structures prohibited in the district
in which the nonconforming structure, use or lot is located.
D.
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 diligently carried
on. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner; except that where demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construction, provided that
work shall be diligently carried on until completion of the building
involved.
A.
In any district in which single-family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this chapter, 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. Such a 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 other requirements not involving
area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of area, width,
and yard requirements shall be obtained only through action of the
Zoning Hearing Board.
B.
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 for lot width and area as established
by this chapter, 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 which does not meet lot width and area requirements
established by this chapter, nor shall any division of the parcel
be made which leaves remaining any lot with width or area below the
requirements stated in this chapter.
Where, at the effective date of adoption or amendment of this
chapter, lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
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
other portion of the lot or parcel 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 12 consecutive months, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such land is located.
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 restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on
the lot, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a way which increases
its nonconformity;
B.
Should such structure be destroyed by any means to an extent of more
than 50% of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter;
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.
If a lawful use of a structure, or of 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;
B.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building;
C.
If no structural alterations are made, any nonconforming use of a
structure, or structure and premises, may be changed to another nonconforming
use provided that the Zoning Hearing Board, either by general rule
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 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 in which such structure
is located, and the nonconforming use may not thereafter be resumed;
E.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months
or for 18 months during any three-year period, the structure, or structure
and premises in combination, shall not thereafter be used except in
conformance with the regulations of the district in which it is located;
F.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
A.
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, to an extent not exceeding 10% of the current
replacement value of the building, provided that the cubic content
of the building as it existed at the time of passage or amendment
of this chapter shall not be increased.
B.
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.
