If a nonconforming use of land or building ceases operations
for a continuous period of more than one year, then this shall be
deemed to be an intent to abandon such use any subsequent use of land
shall conform to the regulations of this chapter.
No nonconforming use or structure may be changed to any other
nonconforming use or structure unless the Zoning Hearing Board shall,
in granting a special exception, additionally find that the proposed
nonconforming use or structure is not more detrimental to the district
than the existing nonconforming use or structure. The Zoning Hearing
Board may specify such appropriate conditions and safeguards as may
be required in connection with such change and the granting of such
special exception.
Any lawful nonconforming building or other structure which has
been damaged or destroyed by fire, explosion, windstorm, or other
cause may be reconstructed in the same location, provided that:
A. The reconstructed building or structure shall not exceed the height,
area, or volume of the damaged or destroyed building or structure
and such reconstructed building or structure shall not increase any
dimensional nonconformities;
B. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption; and
C. In any case, whether conforming or nonconforming, the remains of
any building so destroyed, must be removed from the premises within
six calendar months so that the same shall not remain as a nuisance
thereon.
In any district in which single-family houses are permitted,
notwithstanding the area limitation imposed by other provisions of
this chapter, a single-family house and customary accessory buildings
may be erected on any single lot of record in existence at the effective
date of adoption or amendment of this chapter, provided that the following
requirements shall be observed:
A. Such lot must be in separate ownership, and not form part of a continuous
frontage with other lots in the same ownership.
B. This provision shall apply even though such lot fails to meet requirements
of area or width, or both, generally applicable in the district in
which the lot is located, and a variance shall be issued by the Zoning
Hearing Board, except as follows:
(1)
No application for a variance shall be accepted if the area
of the lot in question is less than 50% of the required minimum for
the district in which it is located;
(2)
If two or more lots with continuous frontage in a single ownership
are of record at the time of passage or amendment of this chapter,
and if all or part of the lots do not meet the requirements for lot
widths and area established by this chapter, the lands involved shall
be considered an undivided parcel, and no portion of such parcel shall
be occupied or sold which does not meet lot width and area requirements
established by this chapter;
(3)
Variance from yard requirements shall be obtained only through
action of the Zoning Hearing Board.
Signs in existence at the effective date of this chapter, or
amendments thereto, may be continued, subject to the following regulations:
A. Moving. No nonconforming advertising sign, billboard, commercial
advertising structure, or statuary shall be moved to another position
on the building or lot on which it is located after the effective
date of this chapter or amendment thereto.
B. Structural alterations. A nonconforming sign on a nonconforming use
may be continued, but the area of such sign, or signs, shall not be
increased and such sign, or signs, shall not be structurally altered.
In the event that any nonconforming advertising sign, billboard,
commercial advertising structure or statuary is damaged to the extent
of 25% of its cost of replacement at the time of destruction, such
sign shall not be restored or replaced.
Whenever any use of building or structure or land or of a combination
of buildings, structures and land ceases, all signs accessory to such
use shall be deemed to become nonconforming and shall be removed within
six calendar months.
In order to administer this chapter, the Zoning Officer shall
prepare immediately after the adoption of this chapter, a complete
list of all nonconforming uses, buildings, lots and signs then in
existence.