[Ord. 331, 11/17/1999, § 8.100]
1.
The provisions of this Part apply to buildings, structures and uses
which become nonconforming as the result of the application of this
chapter to them or the application of any subsequent amendments.
2.
The use of a property, structure or building lawfully in existence
prior to April 3, 1972, but made nonconforming as the result of the
adoption of this chapter or later amendments, and maintained lawfully
since becoming nonconforming, may be continued indefinitely as provided
for in this Part.
[Ord. 331, 11/17/1999, § 8.200]
1.
Any lot recorded prior to April 3, 1972, lacking sufficient area
and/or width to meet the minimum requirements of the zone district
in which the lot is located, may be developed as for any other lot
in the zone district provided such a lot does not abut another lot
or other lots of record in the same ownership.
2.
If a block of two or more abutting undeveloped lots in one ownership
was recorded prior to April 3, 1972, and one or more of the lots has
less area and/or frontage than the minimums required, the subdivision
of lots shall be redrawn as necessary so that any lot to be sold and/or
developed meets at least the minimum area and lot width standards
that apply in the zone district where the lots are located.
[Ord. 331, 11/17/1999, § 8.300]
1.
A nonconforming use may be expanded by right to utilize any portion
of the property that has been an integral part of the nonconforming
use since prior to April 3, 1972. This may include storage yards,
parking lots and similar areas, but such expansion shall not violate
any required setbacks from property lines, lot coverage, maximum building
height limits, or landscape buffering regulations.
2.
If one or more additional stories are to be added to a building containing
a nonconforming use, the total floor area within the building shall
not be increased more than 100%, provided the maximum height for buildings
in the zone district where the property is located is not exceeded.
3.
A nonconforming use shall not be extended to displace or diminish
a conforming use.
[Ord. 331, 11/17/1999, § 8.400]
1.
If a nonconforming use is discontinued or abandoned for a period
of at least one year for any reason, use of the property thereafter
shall be in conformance with the regulations of this chapter.
2.
Closing of a business, shutting off of utilities, or removal of stock-in-trade,
furnishings and/or equipment used in the nonconforming operation shall
be evidence of discontinuance. A good faith active effort backed by
written documentation on the part of the owner to sell the nonconforming
use in the same location shall indicate an intent not to abandon.
However, no active attempt to sell, or lack of documentation, shall
indicate an attempt to abandon.
3.
The property owner may petition the Planning Commission for an extension
of up to one additional year if he/she can prove illness or financial
crisis has created a hardship preventing reopening of the nonconforming
use within the first year after discontinuance. The Commission shall
refer its recommendation on the matter to the Board of Supervisors
for a final decision.
[Ord. 331, 11/17/1999, § 8.500]
1.
Persons proposing to change a nonconforming use to a second nonconforming
use may submit an application to the Planning Commission requesting
the second use and describing in detail the nature of such use. If
the Commission determines that the second use will have a less detrimental
effect on the neighborhood than the previous use, the Commission shall
recommend to the Board of Supervisors approval of the second use.
The Board shall make the final decision and may attach conditions
to approval intended to protect adjacent and nearby conforming uses
and the public health and safety.
2.
If a nonconforming use is changed to a conforming use, it may not
thereafter be changed back to a nonconforming use.
3.
Once a nonconforming use has been converted to a less nonconforming
use, as approved by the Zoning Hearing Board, it may not be changed
to a more nonconforming use.
4.
When a nonconforming use of a building or structure and outside area
of the same property exist in combination, the removal of the building
or structure shall terminate the nonconforming use of the premises
unless the owner files notice with the Zoning Officer that he/she
intends to replace the building or structure within one year of the
date of removal.
[Ord. 331, 11/17/1999, § 8.600]
1.
A nonconforming use may be sold, leased or bequeathed by one owner
to another party.
2.
Each succeeding owner of a business nonconforming use shall request approval from the Zoning Officer before commencing operations, to assure that the use will be carried on in the same manner as formerly. If any doubt exists, the Zoning Officer shall refer the owner to the Planning Commission which shall consider if a change of use will be occurring, and if so will proceed as required by § 27-805, Subsection 1.
[Ord. 331, 11/17/1999, § 8.700]
Any nonconforming building or structure which is accidentally
damaged or destroyed, or is in a dilapidated condition, may be restored
or rebuilt to be used as before; provided, that the restoration or
rebuilding does not make the building or structure more nonconforming
than previously as to its height or setback from property lines; and,
provided further, that the restoration or rebuilding is completed
within one year of the date the damage or destruction occurred or
the date of insurance settlement, unless the Planning Commission recommends
and the Board of Supervisors grants an additional year to complete
the work because a hardship is created for the owner by the one-year
limit.
[Ord. 331, 11/17/1999, § 8.800]
1.
Normal maintenance and repair, and incidental alteration of a building
or structure containing a nonconforming use is permitted; provided,
it does not extend the land or floor areas or volume of space occupied
by the nonconforming use.
2.
A building containing residential nonconforming uses may be altered
in any way to improve interior livability and/or safety, provided
no structural alterations are proposed which would increase the number
of dwelling units or number of occupants to more than are permitted
by right.
3.
If a property owner secures a permit for a building to contain a
use that is permitted in the zone district where the property is located,
he/she may commence and complete the construction within six months
of getting the permit, and may apply for permit renewals, even though
this chapter may be amended after the permit is issued to make the
use and/or building nonconforming.
[Ord. 331, 11/17/1999, § 8.900]
The Board of Supervisors may, at its discretion, direct the
Zoning Officer to identify and register all nonconforming uses, structures
and lots within Harmar Township and the reason why each is a nonconforming
use, structure or lot.
