As used in this article, the following terms shall have the
meanings indicated:
A structure or part of a structure not designed to comply
with the applicable use or extent of use provisions in this chapter,
its predecessors or any amendments thereto, such as minimum yard,
maximum lot coverage, maximum height and off-street parking requirements,
where such structure lawfully existed prior to enactment of this chapter,
its predecessors or amendments thereto. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A lot, the area of dimension of which was lawful prior to
the adoption of this chapter, its predecessor or any amendments thereto,
but which fails to conform to the requirements of the zoning district
in which it is located, such as minimum lot area requirements, by
reason of such adoption or amendments.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter, its predecessors
or any amendments thereto, where such use was lawfully in existence
prior to enactment of this chapter, its predecessors or amendments
thereto.
Subject to the provisions of this section, a nonconforming lot,
nonconforming building or structure or nonconforming use may be continued
even though it does not conform with the provisions of these regulations
for the district in which it is located. The Zoning Officer may keep
and maintain a list of all nonconforming lots, buildings and structures
or uses existing at the time of the passage of this chapter, its predecessors
or amendments thereto, and which may come to exist in the future.
A.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority.
B.
A nonconforming building or structure (excluding signs) may be altered,
improved or reconstructed, provided that the total cost of such work
does not exceed 50% of the fair market value of the structure at the
time of the requested alteration and that the work does not make the
structure any more nonconforming in any aspect. This cost limitation
does not apply to the extent the work involves bringing the structure
into conformance with applicable zoning regulations.
C.
If a nonconforming building or structure, or use thereof, is destroyed
totally or partially by fire, collapse, explosion or other disaster,
it may be reconstructed (and the nonconforming use thereof continued)
if work commences within one year of the date of destruction and is
pursued diligently to completion. However, reconstruction shall not
make the building, structure or use more nonconforming, in any aspect,
than it was prior to destruction. Reconstruction must comply with
applicable state and local building codes.
A.
Residential and Conservation Districts. In the "R-1", "R-2" and "C"
Districts, nonconforming uses may expand up to 25% of the gross floor
area utilized for the nonconforming use (measured in square feet),
to allow for continuation and reasonable growth of the use; provided,
however, any such expansion shall comply with all other provisions
of this chapter, including but not limited to all applicable area
and bulk requirements and off-street parking and loading requirements.
Nothing in this section shall be construed as authorizing the expansion
of a nonconforming building or structure or a nonconforming lot.
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with § 490-48 of this chapter.
Nothing in this chapter or any amendment thereto shall require
any change in plans, construction or designated use of a building
or structure for which a building permit has been issued prior to
the adoption of this chapter or amendment thereto and the construction
of which shall have been diligently prosecuted within six months of
the date of the issuance of such permit, and the entire building completed
according to approved plans within one year of the enactment of this
chapter or any applicable amendment thereto.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter, its predecessors or any amendment thereto.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, nonconforming buildings or structures or nonconforming lots
existing therein.
A.
In any residential district, notwithstanding the regulations imposed
by any other provision of this chapter, a single-family detached dwelling
which complies with all applicable zoning restrictions except for
lot area may be erected, provided that the following requirements
are met:
(1)
The lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, at such location, was not prohibited
by any zoning ordinance then in effect.
(2)
The lot has remained in separate and individual ownership from adjoining
tracts or land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance.
B.
Construction permitted by the above shall comply with all the regulations,
except lot area and minimum yard requirements, applicable to single-family
dwellings in the zoning district in which the lot in question is located.
However, the following minimum yard requirements shall apply:
(1)
Front yards. As prescribed by the regulations for the zoning district
in which the lot is located.
(2)
Side yards. The dwelling shall be placed on the lot so as to provide
two side yards. A side yard shall not be less than the minimum side
yard prescribed by the regulations for the applicable zoning district.
(3)
Rear yard. A rear yard shall not be less than the smaller of the
minimum rear yard prescribed by the regulations for the zoning district
in which the lot is located or 20 feet.
A.
Any use for which a conditional use permit has been issued as provided
by this chapter shall not be deemed to be a nonconforming use, but
it shall be deemed a lawful conforming use.
B.
Where a use exists at the effective date of this chapter and is permitted
by this chapter only as a conditional use in the zoning district in
which it is located, then it shall be deemed to be a lawful conforming
use in such zoning district.
A.
Upon adoption of this chapter or any amendment thereto, the Zoning
Officer shall prepare a list of all nonconforming signs. Owners of
these signs shall be notified, in writing, that they have six years
from the date of this chapter's or an applicable amendment's
adoption to bring their signs into compliance with applicable regulations
of this chapter, or amendment thereto.
B.
If an existing sign use ceases during that six-year period, any new
sign use shall replace the nonconforming sign with a conforming one.
C.
If the Zoning Officer orders repairs on a nonconforming sign which
equal 50% or more of the sign's replacement value, then the sign
shall be brought into conformance as part of the repairs.
D.
A nonconforming sign cannot be enlarged or altered in any aspect,
except to make safety improvements or changes which will make the
sign conforming, or more conforming, to the provisions of this chapter
or amendment thereto.
