All lawful uses of land, buildings, signs, or other structures
existing on the effective date of this chapter may be continued, altered,
restored, reconstructed, sold, or maintained in accordance with the
provisions of this chapter.
A.
Nonconforming uses and structures may be reported to the Zoning Officer
by the owner, user, lessor, or lessee, and be registered by the Zoning
Officer within one year of the effective date of this chapter. The
Zoning Officer, upon proof of a legal nonconformity, shall certify
the existence of the nonconforming uses and/or structures.
B.
Should a nonconforming use or building not be reported or identified
within one year, the owner of the nonconforming use or structure shall
have the right to show by a preponderance of the evidence to the Zoning
Officer that the use or building was nonconforming upon the effective
date of this chapter.
A.
Provided that it is registered in accordance with § 300-135 above, any nonconforming lot, due to its lot area or dimensions, existing as of the effective date of this chapter or created by an amendment to this chapter, may be continued, although such lot does not conform to the lot requirements for the district in which it is located.
A.
Alterations and reconstruction.
(1)
Repairs and structural alterations not constituting extensions,
expansions or enlargements may be made to a nonconforming building
or to a building occupied by a nonconforming use.
(2)
A nonconforming building which is damaged by fire, an explosion,
or a natural disaster, etc., may be rebuilt and used for the same
purposes, provided that:
(a)
The reconstruction of the building is commenced within 18 months
from the date of the destroying of the building and is carried to
completion without undue delay; and
(b)
The reconstructed building does not exceed the height and area
of the building destroyed or create any new dimensional nonconformities.
B.
Extensions, expansions, and enlargements. Nonconforming uses or buildings
occupied or used for residential or nonresidential purposes which
are nonconforming and otherwise not permitted in the zoning district
in which they are located shall be allowed to expand, extend or enlarge.
All extensions, expansions and enlargements of lawful nonconforming
uses and buildings shall be reviewed by the Zoning Officer to determine
compliance with the following standards:
(1)
Any extension, expansion or enlargement shall conform to the
height, area, yard, coverage regulations, and other dimensional requirements
of the district in which it is located.
(a)
Extension along a nonconforming setback. If an existing building
has a lawfully nonconforming building setback, additions may occur
to increase the height above such setback or to extend other portions
of the building out to the nonconforming front, side or rear setback
line, provided that:
[Amended 3-28-2017 by Ord. No. 2017-1]
[1]
The structure shall not be extended beyond the existing nonconforming
setback line.
[2]
No additional nonconformity shall be created.
[3]
The new nonconforming horizontal extension shall not be greater
than 25% of the existing gross floor area.
[4]
All other requirements of this article are met.
[5]
Such addition shall not be permitted for a nonresidential building
that abuts an existing primarily residential use.
(2)
Any expansion or enlargement of a nonconforming building or
use shall not exceed 50% of the total area of the nonconforming building
or use from the time it became nonconforming.
(3)
All required loading and/or parking spaces for any expansion or enlargement shall comply with the requirements of § 300-81.
(4)
Any extension, expansion or enlargement of a nonconforming building
or use shall not be permitted to extend into vacant parcels of land
adjacent to the parcel containing the nonconforming building or use,
where such vacant parcels have been separately recorded or acquired
prior to the effective date of this chapter.
(5)
Any expansions or extensions of a nonconforming sign shall comply with § 300-82 of this chapter.
(6)
The intensity of a nonconforming use shall not be increased.
"Intensity" shall refer to the nuisances such as air pollution, noise,
glare, vibrations, delivery traffic, hazards, etc. resulting from
the nonconforming use.
A.
Whenever a nonconforming use has been changed to a conforming use,
such use shall not thereafter be changed to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only
by the granting of a conditional use in compliance with this chapter.
Where a conditional use approval is required, the Board of Supervisors
shall determine whether the applicant has provided sufficient proof
to show that the proposed new use will be equal or less objectionable
in external effects than the preexisting nonconforming use with regard
to:
(1)
Traffic safety and generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odors, glare, vibration,
fire, hazardous substances and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Late night and early morning hours of operation if the new use
would be close to dwellings.
(5)
Compatibility with the character of surrounding uses.
A nonconforming use shall be presumed abandoned when operations
associated with the nonconforming use have ceased by an apparent act
or failure to act on the part of the tenant or owner to reinstate
such use within one year from the date the activity stopped and the
use is not actively advertised for sale or lease. Such nonconforming
use shall not thereafter be reinstated except in conformance with
this chapter. A nonconforming building or land, which is actively
marketed, but has not been sold or leased, shall not be considered
abandoned. The applicant shall be responsible to provide evidence
that the nonconformity was not abandoned.
