The existing lawful use of land and/or structures which, at
the time of passage of this chapter, does not conform with the regulations
of the district in which it is located should have such use considered
as a nonconformity. This nonconformity may continue on such land,
but shall be subject to the regulations covering nonconformities.
The Zoning Officer shall identify and maintain a register of nonconforming
uses, structures and lots.
As used in this article, the following terms shall have the
meanings indicated:
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or a part of a structure that does not comply
with the applicable use or extent of use provisions or with the area,
setback, yard, building height, location, size, impervious surface
or other dimensional requirements of this chapter or amendments heretofore
or hereafter enacted, where such structure lawfully existed prior
to the enactment of this chapter or amendment. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or structure, that does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinances or amendment.
[Amended 3-21-2000 by Ord. No. 319-A; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter, then
at the time of such amendment, may be continued except as hereinafter
provided, although such use or structure does not conform to the provisions
of this chapter or subsequent amendments.
[Amended 3-21-2000 by Ord. No. 319-A]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under the following
conditions:
A.
Such change shall be permitted only by special exception by the Zoning
Hearing Board under the provisions of this chapter.
B.
The applicant shall show that a nonconforming use cannot be reasonably
changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
A.
A nonconforming structure may be extended by special exception along
the existing building lines or existing building plane of the existing
nonconformity, provided that such expansion shall not extend within
any street line. All other applicable requirements, including setback,
yard and building height, shall be met.
B.
A nonconforming use may be extended by special exception, provided
that:
(1)
The proposed extension shall take place only upon the lot or
contiguous lots held in the same ownership as that existing at the
time the use became nonconforming. Permission to extend a nonconforming
use as described in this article shall not be construed to mean that
a new use or uses may be established.
(2)
The proposed extension shall conform with the area and dimensions
for the district in which said extension is located and with the parking,
sign, buffer and environmental standards and all other applicable
requirements of this chapter.
(3)
Any increase in floor area or land area shall not exceed an
aggregate of more than 50% of the floor area or land area existing
at the date the use became nonconforming.
A nonconforming use, when abandoned, may be resumed any time
within one year from such discontinued date. However, if the use is
abandoned for a continuous period greater than one year, subsequent
use of such structure or land shall be in conformity with the provisions
of this chapter, unless the owner can demonstrate an intent to continue
the use, for example, by providing listings which show an attempt
to rent or sell the property.
A nonconforming structure not containing a nonconforming use
or any structure containing a nonconforming use which has been damaged
or destroyed by fire, explosion, accident or calamity or legally condemned
(as contrasted to deterioration due to time or neglect) may be reconstructed
and used for a nonconforming use, provided that:
Nonconforming signs shall be regulated by § 440-120 of this chapter.
A temporary nonconforming use, which will benefit the public
health or welfare or promote the proper development of a district
in conformity with the intent of this chapter, may be permitted for
a period of not more than one month on the approval of the Zoning
Hearing Board, but any such use to be permitted for a longer period
shall require a public hearing thereon, after which a Zoning Hearing
Board approval may be issued for a period not exceeding one year.
Whenever a lot is sold to a new owner, a previously lawful nonconforming use on the lot may be continued. A change in nonconformity is governed by § 440-127.
