[Ord. 2005-9, 12/29/2005, § 2001]
The regulations of this Part shall apply to existing lots, structures,
uses, and signs that do not conform to the regulations of the zoning
district in which they are located and were either in existence prior
to the effective date of this chapter, or subsequent amendments, or
are rendered nonconforming by the adoption of this chapter. As such,
they shall be known and regarded as nonconforming, and the following
regulations, as applicable, shall apply to them. Provided, however,
that the burden of proof shall remain upon the landowner to prove
that a lot, structure, use, or sign is lawfully nonconforming under
the terms of this Part.
[Ord. 2005-9, 12/29/2005, § 2002]
1.
Nonconforming Lots. A lot which contains no structures and which
is held in single and separate ownership on the effective date of
this chapter, or subsequent amendments, or rendered nonconforming
by this chapter, which does not meet the minimum lot area requirement
or lot width requirement at the building line of the zoning district
in which it is located, or which is of such unusual dimensions that
the owner cannot reasonably comply with one or more of the other dimensional
requirements of the zoning district in which it is located, may be
used or a structure may be erected thereon for use as limited by the
use regulations of the zoning district in which the lot is located,
subject to the following conditions:
A.
The owner does not own or control contiguous property sufficient
to enable the owner to comply with the minimum lot area, width, building
coverage, yard, and height regulations and design standards of the
zoning district in which the property is located. For purposes of
this regulation, a nonconforming lot under common ownership with a
contiguous conforming or nonconforming lot shall be considered one
lot.
B.
The proposed structure or use shall comply with the design standards
and the width, impervious coverage, yard, and height regulations,
except minimum lot size and lot width at the building line, of the
zoning district in which the lot is located. Otherwise, the lot shall
not be used or a structure erected unless a variance is granted by
the Zoning Hearing Board.
2.
Nonconforming Structures.
A.
Continuation. Any lawful nonconforming structure existing on the
effective date of this chapter, or subsequent amendments, or rendered
nonconforming by this chapter, may continue to exist and be used.
Such structures shall not further deviate from the provisions of this
chapter, except as explicitly provided herein.
B.
Restoration. Any lawful nonconforming structure which has been involuntarily
damaged by fire, explosion, flood, or similar cause, or legally condemned
as unsafe, may be restored or reconstructed within the limits of the
existing foundation or footprint of the damaged structure; provided,
that:
(1)
The restored or reconstructed structure shall not exceed its
original dimensions.
(2)
Restoration or reconstruction shall commence within one year
from the date of damage, destruction, or condemnation, and shall be
completed within one year of the date of the commencement of such
work.
(3)
The use of the restored or reconstructed nonconforming structure
shall be in accordance with this Part.
C.
Alteration and Enlargement. Any lawful nonconforming structure existing
on the effective date of this chapter or subsequent amendments, or
rendered non-conforming by this chapter, may be altered or enlarged,
provided that the total increase in area of the nonconforming structure
shall not exceed an aggregate total of 50% of the existing floor area
of the nonconforming structure. Floor area shall be based upon the
total floor area of the structure at the time the use first became
nonconforming. Such alteration or enlargement shall conform to all
of the lot area, width, impervious coverage, height, and yard regulations
and design standards of the zoning district in which it is located.
The vertical expansion of a nonconforming structure shall be subject
to the limitations on expansion contained in this section.
D.
Repair, Renovation, and Modernization. Repair, renovation, and modernization
of nonconforming buildings or structures, such as renewal or replacement
of outer surfaces or windows; addition of soundproofing materials,
fireproofing materials, and air conditioning; and repair and/or replacement
of structural parts of the structure, shall be permitted notwithstanding
other provisions of this Part; provided:
(1)
Such repair, renovation, or modernization does not change or
substantially alter the physical configuration of the nonconforming
building or structure.
(2)
There shall be no increase in the size of or area covered by
the said nonconforming building or structure, nor any extension or
expansion of the nonconforming building or structure, in or on the
lot where the use is located.
3.
Nonconforming Uses.
A.
Continuation. Any lawful nonconforming use of a structure or of land
legally existing on the effective date of this chapter, or subsequent
amendments, or rendered nonconforming by this chapter, may continue
to exist and be used.
B.
Alteration and Expansion. Any lawful nonconforming use of a structure
or land may be altered or expanded, but only in strict conformity
with the following regulations:
(1)
Such alteration or expansion shall conform to all of the lot
area, width, impervious coverage, height, and yard regulations and
design standards of the zoning district in which it is located.
(2)
The alteration or expansion of the nonconforming use shall be
limited to and permitted only on the same lot that was in existence
when the use first became nonconforming.
(3)
The total increase in area of the nonconforming use of land
or a structure shall not exceed an aggregate total of 50% of the existing
improved land or floor area that is devoted to the nonconforming use.
Floor area shall be based upon the total floor area of the structure
at the time the use first became nonconforming. For example, if all
other requirements of this chapter are met, a nonconforming use may
be expanded once by 20%, and a second time by not more than 30% of
the total floor area of the structure as it existed at the time the
use first became nonconforming. If, prior to the effective date of
this restriction, the use has been expanded by a percentage greater
than 50%, it shall not be entitled to any further expansion under
this section. The vertical expansion of a nonconforming use of land
or a structure shall be subject to the limitations on expansion contained
in this section.
(4)
The total increase in area of the nonconforming use of land
shall not exceed an aggregate total of more than 50% of the total
area of the lot that is devoted to the nonconforming use.
(5)
The alteration or expansion of a nonconforming use of a structure
or of land shall be permitted only if a special exception is granted
by the Zoning Hearing Board pursuant to Part 22.
C.
Change in Use. Once changed to a conforming use, whether within a
structure or on land, the conforming use shall not be permitted to
revert to a nonconforming use. A nonconforming use may be changed
to another nonconforming use only when approved by the Zoning Hearing
Board as a special exception pursuant to Part 22 and under the following
conditions:
(1)
The applicant shall prove that the proposed nonconforming use
cannot reasonably be changed to a use permitted in the zoning district
in which it is located.
(2)
The applicant shall prove that the proposed change in use will
have the same or less impact than the existing nonconforming use with
respect to the following factors:
4.
Nonconforming Signs. Any sign lawfully in existence prior to the
effective date of this chapter or of any amendments to this chapter
hereafter enacted, and which did not conform to or comply with the
provisions of this chapter or its amendments at the time of enactment
shall be a nonconforming sign.
A.
Alteration or Moving. A nonconforming sign shall not be moved to
another position or location upon the building, structure, or lot
on which it is located, nor shall the size or area of such nonconforming
sign be increased or its structure or construction altered or changed.
B.
Damage or Destruction. Whenever a nonconforming sign has been damaged
or destroyed by any means to the extent of 50% of its market value
at the time of the destruction or damage, such sign shall not be restored
or replaced unless it conforms to all provisions of this chapter.
C.
Discontinuance. Whenever a nonconforming sign is accessory to a nonconforming
use of a building, structure, or land and such nonconforming use of
the building, structure, or land is discontinued for a continuous
period of more than 12 months, then such nonconforming sign shall
be removed within six months from the end of the aforesaid twelve-month
period and the use of signs upon such building, structure, or land
shall not be resumed except in accordance with the provisions of this
chapter.
[Ord. 2005-9, 12/29/2005, § 2003]
Whenever the boundaries of a zoning district are changed, and
the change results in a transfer of a lot from one zoning district
to another zoning district, the provisions of this Part shall apply
to any lawful nonconforming uses or structures existing in the zoning
district to which the lot has been transferred.
[Ord. 2005-9, 12/29/2005, § 2004]
Whenever the title to a lot is transferred, such transfer shall
not by itself adversely affect the lawful status of a lawful nonconforming
lot, structure, use, or sign.
[Ord. 2005-9, 12/29/2005, § 2005]
Whenever a lawful nonconforming use of land or of a structure
is abandoned or discontinued or the use is removed for a period of
12 consecutive months, or the structure constituting or housing the
nonconformity is razed and not reconstructed within a period of 12
consecutive months, such abandonment or discontinuance shall be presumed
to constitute an intention to abandon or discontinue such use, and
subsequent use of such land or structure shall conform to the regulations
of the zoning district in which it is located, unless the Zoning Hearing
Board, as a matter of law, determines that such abandonment has not
occurred.
[Ord. 2005-9, 12/29/2005, § 2006]
As specified in each zoning district, the minimum lot width
shall be measured at the required building setback line. In the case
of irregularly shaped lots, the lot frontage measured at the street
right-of-way line shall not be less than 70% of the required minimum
lot width, except in the following situations: on cul-de-sac or court
streets or on street center-line curves of less than 350 feet radius,
in which case the lot frontage measured at the street right-of-way
line shall not be less than 40% of the required minimum lot width.
[Ord. 2005-9, 12/29/2005, § 2007]
Any use existing as of the date of adoption of this chapter
that is permitted by special exception or conditional use in the zoning
district in which it is located under the terms of the chapter, but
which did not previously receive such approval, shall not be deemed
a nonconforming use in such district, but shall, without further action
by the Zoning Hearing Board or Board of Supervisors, respectively,
be considered a conforming use.
[Ord. 2005-9, 12/29/2005, § 2008]
1.
No special exception shall be granted under the provisions of this
Part with respect to any property where the requested special exception
will result in violations of other lot area, width, impervious coverage,
setback, height, and yard regulations and design standards of the
zoning district in which the property is located, unless a variance
is granted by the Zoning Hearing Board from the regulation which is
otherwise applicable. The owner of a nonconforming use or other nonconformity
has no inherent right to expand, alter, or use any nonconformity in
conflict with the applicable zoning district regulations.
2.
In those zoning districts in which the district regulations establish
different design standards or lot area, width, impervious coverage,
setback, height, or yard regulations for uses permitted as of right,
by special exception, or by conditional use, no lot shall be construed
to be nonconforming for purposes of the regulations of this article
which complies with the minimum lot area and other regulations applicable
to uses permitted as of right. The regulations applicable to uses
permitted by special exception or by conditional use shall not render
the lot nonconforming, unless the owner demonstrates that the lot
cannot reasonably be used for any use permitted as of right in such
zoning district, or the Zoning Hearing Board grants a variance from
the applicable regulations.
3.
No provision of this Part which establishes a specific percentage
limitation upon the expansion of a nonconforming use shall be construed
to automatically authorize an expansion to the maximum permitted,
nor shall a variance related to any nonconformity be granted from
the applicable zoning district regulations in excess of the minimum
variance necessary to afford relief. It shall be incumbent upon the
applicant to prove the need for such expansion consistent with established
principles of law.
