Introduction. All nonconforming uses, structures and lots may be continued, subject to the provisions set forth in Sections 2101 through 2110. The Zoning Officer shall identify properties and maintain a file for the registration of nonconforming uses, structures and lots. The owner of any nonconforming structure or lot, or the owner who maintains or allows any nonconforming use, may apply for a Certificate of Nonconformity on forms prepared by the Zoning Officer. The Zoning Officer shall investigate each request for a Certificate of Nonconformity to determine the existence and extent of the nonconformity. Upon determining that such nonconformity exists, the Zoning Officer shall prepare a report describing the nature and extent of the nonconformity. If no valid nonconformity is determined to exist, the Zoning Officer shall make a report of the results of his investigation. Such report shall constitute a Certificate of Nonconformity to the extent such a valid nonconformity is reported to exist and is described. A copy of such report and determination shall be sent to the applying owner and to any other interested party. A copy of such report shall be placed in the registration file, regardless of the determination. Any person aggrieved by the report shall have a right to appeal to the Zoning Hearing Board as from the decision of the Zoning Officer.
[Ord. 559, 6/20/1959, Sections 1601 and 1603; amended by
Ord. 834, 12/4/1973, Section 4]
The lawful use of any building, structure or land existing at
the time of enactment of this ordinance may be continued, although
such use does not conform with the provisions of this ordinance.
The Zoning Officer shall establish, maintain and, at all times,
keep current a record identifying and registering all nonconforming
uses and nonconforming structures in the Municipality.
[Ord. 559, 6/20/1959, Section 1601]
Any building or structure or portion thereof declared unsafe
by a proper authority may be restored to a safe condition.
[Ord. 559, 6/20/1959, Section 1601; amended by Ord. 1491,
2/8/1996]
A nonconforming building may not be reconstructed or structurally
altered, except when declared unsafe. Nonconforming covered porches
attached to a building may be enclosed or rehabilitated, provided
the enclosure or rehabilitation does not extend any portion of the
porch farther into the required yard and the enclosure or rehabilitation
does not constitute a structural alteration as defined in Section
201 of this chapter.
[Ord. 559, 6/20/1959, Section 1601]
A nonconforming use shall not be extended, but the extension
of a lawful use to any portion of a nonconforming building shall not
be deemed the extension of such nonconforming use.
[Ord. 559, 6/20/1959, Section 1601; amended by Ord. 1371,
5/6/1992, Section 8; Ord. 1380, 7/22/1992, Sections 9 and 10; Ord.
1588, 2/18/1999, Section 1]
a.
Intent. It is the intention of this section to require replacement
or restoration of nonconforming buildings and structures that are
substantially damaged to be done in conformity whenever such replacement
or restoration is necessitated by non-accidental causes, intentional
acts committed by the owner such as demolition or arson, or by circumstances
of neglect where the building runs down or becomes dilapidated. Alternatively,
it is intended to allow replacement or restoration of nonconforming
buildings to their pre-casualty size and footprint when replacement
or restoration is necessitated by circumstances beyond the owner's
control such as accidental fire, accidental explosion, accidental
collision, wind storm, snow collapse, flood, or other natural calamities
and acts of God.
(1)
No building or structure, except for manufactured homes as provided
for in (4) below, damaged by non-accidental cause or by any intentional
act of the owner or by circumstances of neglect to the extent of more
than 50% of its structure shall be repaired, rebuilt, or replaced,
except in conformity with all zoning regulations applicable at the
time of repair or replacement.
(2)
Any building nonconforming as to area, height, size, number of dwelling
units, lot coverage, or yards that is damaged to any extent by accidental
cause, which shall not include any intentional act of the owner or
circumstances of neglect, may be replaced, rebuilt, or reconstructed
to its prior nonconforming size, footprint, height, or dimensions
provided that:
(a)
No portion of the rebuilt or new building extends further into
any yard than did the prior building;
(b)
No portion of the rebuilt or new building extends higher than
did the prior building;
(c)
All building and fire protection codes applicable at the time
of reconstruction are met;
(d)
Construction of the replacement, rebuilt, or reconstructed building
commences within three years following the casualty and is substantially
completed within five years of the casualty;
(e)
Building floor area and footprint shall not exceed that of the
prior building;
(f)
All other regulations applicable in the zoning district are
met.
(3)
Whenever it is necessary to replace, rebuild, or reconstruct a nonconforming
building damaged by accidental cause, which shall not include any
intentional act of the owner or circumstances of neglect, the amount
of parking required for the replacement building, providing the use
is not changed, shall be the same amount that was provided on the
site for the prior building and use. Any square footage of the new
building that exceeds the size of the prior building shall meet current
parking requirements as shall any change in use of the building.
(4)
Any existing manufactured home located in a floodplain for which
a certificate of nonconformity has been issued by the Zoning Officer,
as provided for in this Part, may be replaced provided the replacement
of said manufactured home complies with the requirements of 44 CFR
Chapter 1, Part 60, or successor federal regulations.
(5)
Whenever a Zoning Officer makes a determination with respect to substantial
damage, its amount or its cause, and such determination authorizes
rebuilding or replacing the nonconforming building to its pre-casualty
footprint, the Zoning Officer shall provide written notice of such
determination to all property owners within 200 feet of the subject
lot containing the nonconforming building. The written notice shall
be mailed by first class mail within two working days of the date
of the determination. At a minimum the written notice shall describe
the nature of the Zoning Officer's determination, provide the address
and owner's name of the applicable property for which the determination
was made, advise that any adverse determination by the Zoning Officer
may be appealed by an effected property owner to the Zoning Hearing
Board within 30 days from the date that the determination was made,
and where such an appeal may be filed.
[Ord. 559, 6/20/1959, Section 1601]
Whenever a nonconforming use has been discontinued for a period
of one year, such use shall not thereafter be reestablished and any
future use shall be in conformity with the provisions of this ordinance.
[Ord. 559, 6/20/1959, Article XVI; amended by Ord. 929, 2/6/1978,
Section 2]
Once changed to a conforming use, no building or land shall
be permitted to revert to a nonconforming use.
[Ord. 559, 6/20/1959, Section 1601]
No nonconforming use shall be extended to displace a conforming
use.
[Ord. 559, 6/20/1959, Section 1602; amended by Ord. 1450,
9/8/1994, Section 6]
See Section 304.d.
