This purpose of this Part 8 is to set forth standards and regulations regarding nonconforming uses, structures, and lots. These standards shall apply to all nonconforming uses, structures and lots, as defined by this chapter. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this chapter or any amendment thereto.
In any district a dwelling or building and customary accessory
buildings may be erected on any single lot of record (deed) in existence
at the effective date of adoption or amendment of this chapter, provided
that all district regulations are met except for lot area and width
and provided that the lot is not contiguous to other lots of record
in the same ownership and provided that the subdivision regulation
requirements in effect at the time of recording have been met.
A.
A nonconforming front yard setback line in the Low-Density Residential
District which has been duly recorded may be used without obtaining
a variance.
B.
A single-family dwelling may be built upon a lot (either recorded
or not recorded) using the average of nonconforming front yard setbacks
of existing dwellings on all lots in the same block on the same side
of the street without a variance.
A.
Where at the time of passage of this chapter or amendment thereto,
lawful use of land or buildings exists which could not be permitted
by the regulations imposed by this chapter, including parking requirements,
the specific use may be continued, provided that the use is not abandoned.
B.
At the effective date of the enactment or amendment of this chapter,
a lawful use of a lot or structure exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be sold or otherwise transferred to other owners and may be continued
as long as it remains otherwise lawful in accordance with the provisions
of this chapter.
C.
When a nonconforming use of a structure and/or lot is discontinued
or abandoned for six consecutive months, the structure and/or lot
shall not thereafter be used, except in conformance with the regulations
of the zoning district in which it is located, except that when the
discontinuance was beyond the control of the owner or tenant and was
without intent to abandon the use, the Zoning Hearing Board may, when
application is made not later than one year from the date the use
was discontinued, approve an extension of not more than one additional
year within which the use may be resumed. Additional extensions may
be approved at the Zoning Hearing Board's discretion.
D.
From the time of such application to reinstitute or continue the
use, the landowner and/or developer shall have not more than one year
to complete the structure or reinstitute the use.
E.
A nonconforming use may be expanded by 25% of the space occupied
at the effective date of this chapter with the approval of a special
exception by the Zoning Hearing Board, and subject to the criteria
established for special exceptions under this chapter, provided that
the expansion is shown not to be detrimental to the public health
and safety, and further provided that the nonconforming use has not
previously been expanded by as much as 25% within 10 years prior to
the effective date of this chapter. However, the use may not be expanded
to a lot not owned at the effective date of this chapter and may not
create any new nonconformities as to structures or lot requirements.
F.
Where a structure principally devoted to a nonconforming use is destroyed
by casualty to the extent of 75% of the cost of construction at the
time of destruction of the bulk of its improvements or becomes so
dangerous or dilapidated that substantially complete reconstruction
is necessary, reconstruction for continuation of the nonconforming
use shall be denied.
G.
No new nonconforming uses can be added to the premises. Only the
specific principal use in existence at the effective date of this
chapter has protected status.
H.
A nonconforming accessory use cannot become the basis for a nonconforming
principal use.
I.
If no structural alterations are made, any nonconforming use of a
structure may as a special exception be changed to another nonconforming
use, provided that the Zoning Hearing Board shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Zoning
Hearing Board shall require appropriate conditions and safeguards
in accordance with Parts 4 and 11. No such nonconforming use granted
by the Zoning Hearing Board shall be considered a use by right.
A.
Any building which is nonconforming as to lot coverage or is deficient
in parking may not be enlarged.
B.
A single-family dwelling which has side yards less than that required
may be expanded to the rear or front, provided that such expansion
results in no further decrease in the side yards and the expansion
will comply with the rear or front yard and percentage of lot coverage
requirements of the district.
C.
A single-family dwelling which has a front or rear yard less than
that required may be expanded to the side, provided that such expansion
results in no further decrease in the front or rear yards and the
expansion complies with the applicable side yard and percentage of
lot coverage requirements of the district.
D.
A single-family dwelling which has side, front or rear yards less
than that required may be expanded vertically, provided that such
expansion will comply with applicable height requirements.
E.
All buildings other than single-family dwellings which are nonconforming by setbacks, height, etc., may be enlarged if a variance is granted by the Zoning Hearing Board, provided that the nonconformity is not increased and no new nonconformities are created (unless a variance is granted), including lot and parking requirements, and provided that the criteria in § 440-903 are met.
F.
Should a nonconforming building or nonconforming portion of a building
be destroyed by casualty or become so dangerous or dilapidated that
replacement would represent 75% of the cost of construction at the
time of destruction, it shall not be reconstructed except in conformity
with the provisions of this chapter.
G.
Should a nonconforming building be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
H.
No other nonconforming structure shall be moved or enlarged unless
it is brought into conformance with the requirements of this chapter.
