[Ord. 8-1994, 12/12/1994, § 900]
Any nonconforming use or structure legally existing at the time
of the adoption of this chapter or which is created whenever a district
is changed by amendment hereafter, may be continued, altered, reconstructed,
changed, sold or maintained even though it does not conform to the
regulations of the district in which it is located, except as provided
below. It is the intent of this chapter to permit these nonconformities
to continue until they are removed. (For nonconforming lots, see § 902.)
A.
General
Application of Provisions. Nothing herein shall require any change
in plans, construction or designated use of a building or structure
which complies with existing laws or for which a permit was granted
and/or where the construction shall have started before the date of
adoption of this chapter or applicable amendment thereto.
B.
Abandonment.
If any nonconforming use or structure containing a nonconforming use
is abandoned for a period of one year, the future use of such building
or land shall be in conformity with the district regulations. A nonconforming
use shall be judged to be abandoned when there occurs a cessation
of any such use or activity by an apparent act or failure to act on
the part of the tenant or owner to reinstate such use within a period
of one year from the date of cessation or discontinuance.
C.
Alteration
and Reconstruction.
(1)
Exterior repairs, nonstructural alterations and other general maintenance
adjustments may be made to a nonconforming building or structure or
a building or structure occupied by a nonconforming use.
(2)
A nonconforming building or structure or a building or structure
occupied by a nonconforming use which is damaged by fire, flood or
other natural causes may be reconstructed, restored and used as before;
provided, that:
D.
Extensions
and Enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout
the interior of the building provided that no structural alterations
are made therein.
(2)
Exterior or interior structural alterations proposed to extend a
nonconforming use may be authorized provided that:
(a)
The extensions or enlargements do not extend the structure or
use beyond the remainder of the individual lot or parcel as it existed
at the effective date of this chapter.
(b)
The extension or enlargement conforms to the yard and height
requirements of the district in which the structure or use is located,
except as may be provided in other sections of this chapter.
(c)
In the case of a nonconforming use, the extension is located
immediately adjacent to the existing nonconforming use.
(d)
The Zoning Hearing Board approves such proposed extension or
expansion.
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In reviewing applications for extensions or enlargements, the
Zoning Hearing Board shall give due consideration to the welfare of
the community in its entirety and may attach such reasonable conditions
and safeguards as they deem necessary to implement the purposes of
this chapter.
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(3)
A nonconforming use shall not be extended to displace a conforming
use, unless authorized by the Zoning Hearing Board.
E.
Change
of Use. A nonconforming use of a building, structure or land may be
changed to a nonconforming use of the same or a more restrictive classification
subject to the following conditions. (However, when a nonconforming
use has been changed to a conforming use, such use shall not thereafter
be changed back to a nonconforming use.)
F.
Certification.
A certificate of nonconformance shall be issued by the Zoning Officer
for all nonconforming uses or structures, upon written request of
the property owner or occupant. Sufficient evidence shall be provided
by the applicant at the time of such request which documents the existence
of the nonconformity at the time of adoption of this chapter.
[Ord. 8-1994, 12/12/1994, § 901]
Any nonconforming lot legally existing at the time of the adoption
of this chapter or which is created whenever a district is changed
by amendment hereafter, may be continued and/or maintained even though
it does not conform to the regulations of the district in which it
is located. It is not the intent of this chapter to be overly restrictive
or to cause a hardship for any property owner, but rather to allow
these nonconforming lots to continue until they are eliminated as
single entities, possibly through the addition of such lots to adjacent
property.
A.
Discontinuance/Lot
Changes. If any nonconforming lot is discontinued or becomes conforming
through its addition to adjacent land, said lot shall not hereafter
be changed back to a nonconforming lot.
B.
Certification.
A certificate of nonconformance shall be issued by the Zoning Officer
for all nonconforming lots, upon written request of the property owner
or occupant. Sufficient evidence shall be provided by the applicant
at the time of such request which documents the existence of the nonconformity
at the time of adoption of this chapter.
C.
Existing
Lots of Record. In the case of a lot of record which existed at the
effective date of this chapter which does not meet the minimum area
requirements for the district in which it is located, a permitted
structure may be placed on the parcel provided that:
(1)
Each side yard is not less than five feet.
(2)
The rear yard is not less than 10 feet.
(3)
The front yard conforms to the minimum distance required.
(4)
Where needed, the site has an approved sewage disposal system or
an appropriate sewage permit.
(5)
Provided that the site and its intended use complies with all other
applicable provisions of this chapter.
