[Ord. 5/26/1987, § 1900]
NONCONFORMING STRUCTURE OR LOT
A structure or lot, or part of a structure or lot which does
not comply with the applicable area, dimensional, parking, buffer,
environmental and all other provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure or lot lawfully
existed prior to enactment of such ordinance or amendment. Such nonconforming
structures include but are not limited to nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
[Ord. 5/26/1987, § 1901; as amended by Ord. 124,
7/18/1989, Art. 1]
Upon request by the Board of Supervisors or a property owner,
the Zoning Officer shall identify and register a nonconforming use,
structure or lot, together with the reasons why the Zoning Officer
identified each as a nonconformity.
[Ord. 5/26/1987, § 1902]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter then
at the time of such amendment, may be continued except as hereinafter
provided, although such use does not conform to the provision of this
chapter or subsequent amendments.
[Ord. 5/26/1987, § 1904]
A nonconforming building, or any building containing a nonconforming
use, wholly or partially destroyed by fire, explosion, floor or other
phenomenon, or legally condemned, may be reconstructed and used for
the same nonconforming use; provided, that reconstruction of the building
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.
[Ord. 5/26/1987, § 1905]
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building or
land shall be in conformity with the provisions of this chapter. For
the purpose of this chapter, abandonment shall commence when the nonconforming
use ceases.
[Ord. 5/26/1987, § 1906]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under all of the
following conditions:
a. Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
b. The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
c. The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
(1)
Traffic generation and congestion including truck, passenger
car and pedestrian traffic.
(2)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare
or vibration.
(3)
Storage and waste disposal.