[Ord. 95-07, 12/14/1995, § 2000]
The following regulations shall apply to existing uses, structures,
buildings, lots and signs which do not conform to the provisions of
any subsequent amendment hereto.
[Ord. 95-07, 12/14/1995, § 2001]
1. Except as provided in this Part, any lawful use existing at the time
of passage or amendment to this chapter may be continued, provided
the following are upheld:
A. Continuation. Any lawful nonconforming use of a structure or of land
legally existing on the effective date of this chapter may be continued,
except as otherwise herein provided.
B. Extension of Use. Any nonconforming use of land exclusive of buildings
and the use contained within may be extended upon the lot which it
exists at the time of the effective date of this chapter. Such extension
shall conform to the area and bulk requirements and design standards
of this chapter. The extension of a nonconforming use on a lot shall
be limited to the lot on which was in existence on the effective date
of this chapter. The area devoted to such extension shall not be increased
by more than 50% of the area so used as of the effective date of this
chapter.
C. Change in Use. Any lawful nonconforming use of a building or of land may be changed to another nonconforming use of substantially the same character by a grant of a special exception by the Zoning Hearing Board. The provisions of §
27-2107 shall govern the review of nonconforming uses. Whenever the nonconforming use of a building or of land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
[Ord. 95-07, 12/14/1995, § 2002]
1. Except as provided in this Part, any building or structure existing
at the time of passage or amendment to this chapter may be continued,
provided the following are upheld:
A. Continuation. Any lawful nonconforming building or structure legally
existing on the effective date of this chapter may be continued, altered
or enlarged, provided such alteration or enlargement shall not increase
or, except as set forth below, extend the nonconformity with respect
to existing setback, coverage and density requirements in effect at
the time such alteration or enlargement is proposed.
B. Restoration. A lawful nonconforming building or structure which has
been destroyed by fire, or some other calamity, to an extent of not
more than 75% of its fair market value, may be restored in the same
location, provided:
(1)
The restored building or structure shall not exceed the height,
area or bulk of the damaged or destroyed building or structure.
(2)
Restoration shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
C. Extension. A lawful nonconforming structure may be enlarged or altered
only to the extent that it does not increase the extent of the nonconformity.
[Ord. 95-07, 12/14/1995, § 2003]
1. A lot held at the effective date of this chapter in single and separate
ownership and which does not meet the required minimum area or dimension
requirements, or is of such unusual dimensions to prevent required
open spaces from being provided, may be used or have a building erected
or altered upon it.
2. A granting of variances by the Zoning Hearing Board shall be required for any building or structure upon a nonconforming lot. The provisions of §
27-2107 shall govern the review of uses on a nonconforming lot. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure.
[Ord. 95-07, 12/14/1995, § 2004]
Any sign existing at the effective date of this chapter that does not conform to the provisions of Part
20 shall be considered a nonconforming sign. All nonconforming signs shall be made conforming or removed within three years of the effective date of this chapter. During the three-year period, lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions of the existing sign.
[Ord. 95-07, 12/14/1995, § 2005]
If a lawful nonconforming
use of land or of a building or structure is abandoned, subsequent
use of such building or structure or land shall be in conformity with
the provisions of this chapter.
[Ord. 95-07, 12/14/1995, § 2006]
1. In considering a special exception or variance to permit a nonconforming
use, building or structure to occur, or to permit a use building or
structure to occur on a nonconforming lot, the Zoning Hearing Board
shall consider the following criteria:
A. Nonconforming Lots. The proposed use conforms to the permitted uses
in the district in which such lot lies.
B. Nonconforming Buildings and Structures. The alteration or expansion
of such buildings and structures conforms to the building height requirement.
C. Nonconforming Use. The design standards imposed for uses within the
applicable district have to be appropriately applied to the use of
the lot.
D. General. The criteria established under §
27-2205 for special exceptions have been complied with.