Lawful structures, uses of land, or structures and use of land
in combination, which at the effective date of this chapter or subsequent
amendment thereto were rendered nonconforming, may be continued so
long as they remain otherwise lawful, including in the case of subsequent
sale of the property, subject to the following regulations:
A. Expansion. A nonconforming building or use may be expanded by 15%
of the space occupied at the effective date of adoption of this chapter,
following a public hearing and review by the Zoning Hearing Board
as a special exception, provided that:
[Amended 10-2-2023 by Ord. No. 4-2023]
(1)
The building or use has not previously been expanded by as much
as 15% within 10 years prior to the effective date of adoption of
this chapter.
(2)
In the case of commercial or industrial use, the expansion of
the nonconforming building or use is necessitated by the natural growth
of lawful and existing trade. For example, a nonconforming restaurant
that has already been approved may expand by constructing an additional
dining room. However, a nonconforming restaurant that has already
been approved may not construct a bar. The bar is not the same existing
lawful trade as the restaurant.
(3)
The expansion does not involve any property not owned at the
time the use became nonconforming.
(4)
No new or increased nonconformities are created related to structures
or site requirements.
(5)
Additional parking is provided for the expanded building or
use in accordance with the requirements of this chapter.
(6)
No new nonconforming use is added to the premises. Only the
specific use in existence at the effective date of adoption of this
chapter has protected status.
B. Extension.
[Amended 10-2-2023 by Ord. No. 4-2023]
(1) A
nonconforming use may be extended throughout any parts of the existing
building which were arranged or designed for such use at the time
of adoption or amendment of this chapter.
(2) A
nonconforming use that wishes to extend and occupy any additional
land outside of the building and on the existing lot must first be
approved by the Zoning Hearing Board as a special exception.
(3) No
additional or accessory structures shall be erected or enlarged in
connection with the principal structure's nonconformity to the requirements
of this chapter.
C. Repair and alteration. A nonconforming structure may be repaired
or maintained; provided, however, that no nonconforming structure
may be altered in a way that increases its nonconformity without approval
from the Zoning Hearing Board, but any structure or portion thereof
may be altered to decrease its nonconformity without such approval.
D. Change in use or ownership. Change in use shall be addressed under
two categories: 1) current owner; and 2) subsequent owner. (A seller
of a nonconforming property must disclose to a subsequent buyer, in
writing, the status of the nonconforming property, including any restrictions
on change of use as described below.)
(1)
Current owner (owner of record on May 17, 2000). The owner of
a nonconforming use of a lot or structure may change the use to another
nonconforming use of equal or less severity, based on the determination
of the Zoning Hearing Board after a public hearing. Change of use
for nonconforming uses and structures shall be limited to those uses
permitted by right in the type of district in which the nonconforming
lot or structure was originally classified or to those uses allowed
by conditional use or special exception. After a nonconforming use
is changed to a more restrictive (less severe) nonconforming use,
it may in the future be returned to the original nonconforming use,
or to an equal or less severe use, provided that the property remains
under the ownership of the original owner as aforementioned and is
based on the determination of the Zoning Hearing Board after a public
hearing. Once a nonconforming use is changed to a conforming use,
it shall not thereafter be changed to a nonconforming use.
(2)
Subsequent owner (owner of record who closed on or otherwise
acquired property by deed after May 17, 2000). Once a nonconforming
lot or structure is sold or transferred through deed, the nonconforming
use at the time of transfer shall be permitted to continue. In addition,
the use may change to another nonconforming use of equal or less severity,
based on the determination of the Zoning Hearing Board after a public
hearing. Change of use for nonconforming uses and structures shall
be limited to those uses permitted by right in the type of district
in which the nonconforming lot or structure was originally classified
or to those uses allowed by conditional use or special exception.
Once any subsequent owner changes a nonconforming use to a more restrictive
(less severe) nonconforming use, it shall not thereafter be changed
back to a less restrictive (more severe) nonconforming use. Changing
nonconforming uses of the same or more restrictive (less severe) cases
will be determined by the Zoning Hearing Board after a public hearing.
Once a nonconforming use is changed to a conforming use, it shall
not thereafter be changed to a nonconforming use.
(3)
Special provisions for lots with nonconforming size. Whenever
there exists a lot that is nonconforming with respect to size, and
that lot contains one or more structures, and parking for the existing
use does not meet ordinance requirements, a change in use to a more
restrictive (milder) permitted use that does not involve any addition
or enlargement of a structure shall be permitted, even though parking
would still not meet ordinance requirements, as long as the new use
requires an equal or less number of parking spaces by current ordinance
than the existing use.
(4)
Damage, destruction or razing. Should a nonconforming structure
or nonconforming portion of a structure be damaged or destroyed by
fire, flood, explosion or other casualty, it may be reconstructed
or reestablished to its original nonconformity. Should a nonconforming
structure be voluntarily razed by the property owner or should a nonconforming
structure or portion of a structure containing a nonconforming use
become physically unsafe or unlawful by reason of physical condition,
that structure shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations for the district in which
it is located.
A nonconforming structure shall not be moved, in whole or in
part, to any portion of the lot or parcel other than that occupied
by such structure at the effective date of adoption or amendment of
this chapter. Should a nonconforming structure be moved for any reason
for any distance whatsoever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
If any nonconforming use of land, structure or portion of a
structure ceases use or operation for a period of six months or more,
and the owner within a total period of 12 months from cessation fails
or refuses to apply to the Zoning Officer for a permit to reinstitute
or continue the original use, or fails to immediately, actively and
consistently market the availability for reuse (such as newspaper
ads, premises' signs with corresponding newspaper advertisements,
and listing or marketing agreements), then the failure or refusal
shall be conclusively deemed to be an abandonment of the original
use. Any subsequent use of the land, structure or portion of structure
shall conform to the requirements of this chapter in the district
in which it is located. From the time of such application to reinstitute
or continue the use, the owner shall have not more than one year to
reestablish the use. In the case of an owner diligently attempting
to secure a viable new tenant or buyer, the period shall be extended
to two years whereby the owner must reestablish a nonconforming use
of an equal or more restrictive (milder) classification. Simply placing
a sign or signs on the premises shall not be considered as due diligence
in maintaining or reestablishing nonconforming status.
An occupancy permit shall be issued for any legal nonconforming
use, building or sign to be continued after the effective date of
this chapter, subject to the following regulations:
A. Occupancy permits for nonconforming uses, buildings or signs shall
be valid for so long as the nonconforming use remains legal.
B. Application for an initial occupancy of a nonconforming use must
include a site plan of the entire property, showing the locations
and dimensions of structures, storage areas and parking areas; a narrative
statement detailing, where applicable, hours of operation, number
of employees, number and type of business vehicles utilized, services
performed, etc.; and a floor plan for each principal structure, indicating
intended uses of individual rooms.
C. Such certificates shall be issued only after the Zoning Officer has
inspected the premises and determined that the use, building or sign
is lawful and conforming to this chapter, but in no case more than
15 days after the date of application.
D. Full particulars of the nature and extent of the nonconformity shall
be included in the occupancy permit.