Except as hereinafter provided in this article, any lawful building
or structure or the lawful use of a building, structure, land, lot,
or sign existing at the time of the effective date of this chapter
or any subsequent amendment, at the time of a change in the Zoning
Map, or as authorized by a building permit issued prior thereto may
be continued in the form evident at the effective date of this chapter
although such use, structures, lot, or sign does not conform to the
provisions hereof or of any subsequent amendment.
The continuation, alteration or extension of a nonconforming
structure shall be in compliance with the following requirements:
A.
Extension or enlargement. A nonconforming structure being used,
or proposed to be used, for a conforming purpose may continue and
may be altered or enlarged, unless the alteration or enlargement would
increase the nonconformity of the structure with respect to the setbacks,
area, heights, width, building coverage, lot coverage, building placement
or distance between building regulations of this chapter, or any subsequent
amendment in effect at the time such alteration or enlargement is
proposed to be made. In the case of a nonconforming structure which
is occupied by a nonconforming use, such alteration, renovation or
enlargement shall also meet the requirements of § 220-2702A.
In the case of a nonconforming structure which is located on a nonconforming
lot, such alteration, renovation or enlargement shall also meet the
requirements of § 220-2704 of this article.
B.
Restoration. A nonconforming structure being used, or proposed
to be used, for a conforming purpose which has been seriously damaged
or destroyed by fire or other casualty shall not be reconstructed,
except as a conforming building, unless the Zoning Hearing Board shall,
as a special exception, authorize the reconstruction of the structure
to its former, nonconforming dimensions. "Serious damage" shall be
defined as damage which reduces the value of any structure by more
than half of its prior value. The reconstructed building or structure
shall not exceed the height, area, and volume of the original building.
Any such application for special exception shall commence within one
year from the date of damage or destruction, and shall be completed
within one year of the starting date.
Nonconforming lots shall be in compliance with the following
requirements:
A.
No lot area shall be so reduced that the area or width of the
lot or the dimensions of the open space shall be smaller than herein
prescribed.
B.
The owner of two or more contiguous lots, at the time of the
effective date of this chapter, when combined, would create a lot
of conforming size, shall be required to combine such lots to create
conforming lots prior to the issuance of a building permit.
C.
Alteration or erection of buildings. A building may be altered
or erected on any nonconforming lot which was lawful when created
and which, prior to the effective date of this chapter, was in separate
ownership duly recorded by plan or deed, subject to the following
provisions:
(1) Where all applicable setbacks of the existing zoning
district can be met, construction shall be permitted by right, following
the issuance of the required building permit.
(2) Where applicable setbacks and coverage requirements
cannot be met by proposed building, construction shall only be permitted
when a variance is authorized by the Zoning Hearing Board.
(3) In all cases, the use of the nonconforming lot
shall be required to conform to the permitted uses within the district
in which the nonconforming lot lies.
Nonconforming signs shall be regulated under § 220-2605.