[Ord. 12/21/1998, § 1300]
All lawful uses of land or of a building or other structure
existing on the effective date of this Chapter may be continued, altered,
restored, reconstructed, sold, or maintained even though such use
may not conform to the use, height, area, yard, and other regulations
of the district in which it is located, providing such nonconforming
uses shall comply with the provision of this Part.
[Ord. 12/21/1998, § 1301]
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, explosion, or
natural disaster, may be rebuilt and used for the same purposes, provided
that:
A. The reconstruction of the building is commenced within one year from
the date of the destruction of the building and is carried to completion
without undue delay.
B. The reconstructed building does not exceed the height, area, and
volume of the building destroyed.
C. The reconstructed building shall comply with the area, size, and
yard regulations of the district in which it is located.
[Ord. 12/21/1998, § 1302]
1. The Zoning Hearing Board may authorize, as a special exception, the
following types of extension, expansions, and enlargements for nonconforming
uses and buildings existing on the effective date of this Chapter.
A. The extension of a nonconforming use of land upon a lot occupied
by such use.
B. The extension, expansion, or enlargement of a nonconforming building
occupied by a nonconforming use.
C. The extension, expansion, or enlargement of a nonconforming building
occupied by a nonconforming use.
D. The extension, expansion, or enlargement of a nonconforming building
occupied by a conforming use.
2. The foregoing extension, expansions, and enlargements of such nonconforming
buildings or uses shall be subject to the following conditions:
A. The extension, expansion, or enlargement shall conform to the height,
area, yard, and coverage regulations of the district in which the
use would be permitted as a matter of right.
B. The entire building or use shall be provided with off-street parking and loading spaces as required by Part
13.
C. The extension, expansion, or enlargement does not replace a conforming
use.
D. The extension, expansion, or enlargement of the nonconforming building
or use shall not be permitted to extend into land adjacent to the
initial parcel of existing land occupied on the effective date of
this Chapter.
[Ord. 12/21/1998, § 1303]
Whenever a nonconforming use has been changed to a conforming
use, such use shall not thereafter be changed to a nonconforming use.
[Ord. 12/21/1998, § 1304]
1. If a nonconforming use of a building or land is abandoned for any
period of time, the nonconforming status thereof shall be lost, and
the subsequent use of such building or land shall be in conformity
with all the provisions of this Part.
2. If a nonconforming use of a building or land ceases or is discontinued
for a continuous period of one year or more, the nonconforming status
thereof shall be lost, and subsequent use of such building or land
shall be in conformity with all the provisions of this Part except
in cases where the cessation or discontinuance was caused by circumstances
beyond the control of the owner.
[Ord. 12/21/1998, § 1305]
1. Any lot held in single and separate ownership at the effective date
of this Chapter which does not conform to one or more of the applicable
area regulations in the district in which it is located shall be considered
nonconforming. A building may be erected upon any vacant nonconforming
lot provided a special exception is authorized by the Zoning Hearing
Board, and further provided that the applicant does not own or control
other adjoining property sufficient to comply with the provisions
of this Chapter. Such development shall comply with the following
provisions:
A. The proposed use is permitted by right within the district in which
it is located.
B. The proposed building shall comply with all applicable area, height,
and bulk regulations, including, but not limited to, applicable district
requirements and yard requirements.
[Ord. 12/21/1998, § 1306]
1. Signs in existence at the effective date of this Chapter may be continued
subject to the requirements contained in § 1305 of this
Chapter.
2. If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of Part
11 of this Chapter. "Replacement" shall not only include simply revising the text or color of the sign, but shall also refer to structural replacement and/or relocation of the sign.