[Ord. 2035, 12/9/2002, § 1301; as amended by Ord.
2288, 4/12/2010]
Beginning on the effective date of this chapter, the Zoning
Officer is authorized to identify and register all nonconforming uses
and nonconforming structures. Upon the Zoning Officer's identification
of the existence of a nonconforming use or nonconforming structure,
he shall so notify the landowner in writing, who, in turn, shall,
within 60 days of receipt of such notice, apply for a certificate
of occupancy with respect to such nonconforming use or nonconforming
structure.
[Ord. 2035, 12/9/2002, § 1302; as amended by Ord.
2233, 5/14/2007, § 1]
1.
Nonconforming use of a building, structure or land or use of a nonconforming
building, structure or lot, existing and lawful at the time of enactment
of this chapter or at the time of any amendment hereto, may continue
except as hereinafter provided.
2.
Any proven use prior to 1971 shall be entitled to nonconforming use
status.
[Ord. 2035, 12/9/2002, § 1303]
1.
The nonconforming aspect or aspects of a building, structure or lot,
on or in which is conducted a conforming use, may not be expanded,
extended or increased.
2.
A nonconforming use may be expanded, extended or enlarged within
the boundaries of the zoning lot on which it is located by 50% of
floor area, lot coverage or building volume if required to accommodate
an increase in trade, business or industry, upon securing special
exception approval from the Zoning Hearing Board.
A.
Expansion, extension or enlargement greater than 50% of original
floor area, land area or building volume at the time the use became
a nonconforming use is prohibited.
B.
Such expansions can be completed incrementally, but in no case shall
the total expansion exceed the percentages noted above.
C.
Any such expansion, extension or enlargement shall comply with all
other applicable provisions of this chapter.
3.
No nonconforming use shall be moved in whole or in part to a separate
portion of the zoning lot on which it is located, if such portion
of the zoning lot was not devoted to the nonconforming use upon the
effective date of this chapter or the applicable amendment thereto.
[Ord. 2035, 12/9/2002, § 1304]
A nonconforming structure or building containing a nonconforming
use wholly or partially destroyed by fire, explosion, flood or other
natural phenomenon, or legally condemned, may be reconstructed, restored
and used for the same nonconforming use or, in the case of a nonconforming
building or structure, it may continue as a nonconforming building
or structure; provided, that reconstruction and restoration of the
building or structure shall be commenced within one year of the date
of destruction or condemnation of the building or structure and shall
be carried on to completion within two years of start of reconstruction.
[Ord. 2035, 12/9/2002, § 1305]
If a nonconforming use of a building, structure or land is abandoned
for a continuous period of one year, thereafter use of such building,
structure or land shall be in conformance with the provisions of this
chapter. With regard to both mixed use and singular use of buildings,
structures or land, abandonment shall commence upon cessation of the
nonconforming use.
[Ord. 2035, 12/9/2002, § 1306]
A nonconforming use may be changed to a conforming use as provided
in the applicable zoning district regulations and once changed to
a conforming use, no structure, building or land shall be permitted
to revert to a nonconforming use. For purposes of this section, a
change is not effected by either (A) normal repairs and maintenance
for upkeep purposes, or (B) the provision of modern instrumentalities
necessary and helpful to the reasonable continuation of the nonconforming
use, which instrumentalities, either by nature or extent, do not act
to change the nonconforming use to a different nonconforming use.
