[Ord. No. 2018-2, 11/5/2018]
Within the zoning districts established by this chapter or subsequent
amendments thereto, there may exist or will exist certain nonconforming
uses of structures and/or land which if lawful before this chapter
was passed or amended, may be continued, subject to certain limitations,
although such uses would be prohibited, regulated or restricted under
the terms and provisions of this chapter or subsequent amendments
thereto.
[Ord. No. 2018-2, 11/5/2018]
For the purposes of this chapter, nonconformities shall be defined
and classified by types, as follows:
1. Nonconforming Use. "Nonconforming use" means a use, whether of land
or a structure, which does not comply with the applicable use provisions
in this Zoning Ordinance or in an amendment hereafter enacted, where
such use was lawfully in existence prior to the enactment of this
chapter or such amendment.
2. Nonconforming Structure. "Nonconforming structure" means a structure
or part of a structure manifestly not designed to comply with the
applicable use provisions in this Zoning Ordinance or in an amendment
hereafter enacted, where such structure lawfully existed prior to
the enactment of this chapter or such amendment. Nonconforming structures
shall include, but are not limited to, nonconforming signs.
3. Bulk Nonconformity. "Bulk nonconformity" refers to the bulk of a
structure which does not comply with the applicable size, height or
other bulk provisions in this Zoning Ordinance or in an amendment
hereafter enacted, where such structure lawfully existed in compliance
with such provisions prior to the enactment of this chapter or such
amendment.
4. Area Nonconformity. "Area nonconformity" refers to that aspect of
a structure or use on a zoning lot which is not in compliance with
the applicable yard, coverage or other area provisions in this Zoning
Ordinance or in an amendment hereafter enacted, where such structure
or use lawfully existed in compliance with such requirements prior
to the enactment of this chapter or such amendment.
5. Nonconforming Lot. "Nonconforming lot" means a lot of record legally
existing as of the date on which this chapter was adopted or amended,
which does not conform to the applicable area, frontage, width, or
depth requirements established by this chapter for the zoning district
in which it is located.
[Ord. No. 2018-2, 11/5/2018]
In any zoning district, structures, both principal and accessory,
may be erected on any single lot of record at the effective date of
adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions or regulations of this chapter, even though
such lots fail to meet the requirements for the area and/or width
of the zoning district in which such lot is located. The erection
of a structure on such a lot shall, however, conform to front, rear
and side yard requirements for the zoning district in which such lot
is located. Variances from the aforementioned yard requirements may
be obtained only through action of the Zoning Hearing Board.
[Ord. No. 2018-2, 11/5/2018]
Nonconforming uses, nonconforming structures, bulk nonconformities
and area nonconformities may be continued except as otherwise set
forth in this Part, but no nonconforming use or structure shall be
enlarged, reconstructed, structurally altered or changed except as
permitted by the provisions of this Part.
[Ord. No. 2018-2, 11/5/2018]
The owner or occupant of the premises occupied by a nonconforming
use or structure may apply for a certificate of nonconformity from
the Zoning Officer. The owner or occupant shall bear the sole responsibility
to provide required documentation to substantiate the issuance of
a certificate of nonconformity. The Zoning Officer may issue a certificate
of nonconformity where he finds that a use or structure, although
not in compliance with the requirements presently applicable thereto,
is a nonconforming use or structure.
[Ord. No. 2018-2, 11/5/2018]
Nonconforming uses and structures shall be changed only in accordance
with the following subsections:
1. A nonconforming use or structure shall not be extended to displace
a conforming use or structure.
2. Structures, buildings or uses, either main or accessory, shall not
be combined for the purpose of extending a nonconforming use or creating
a different nonconforming use.
3. When authorized by the Zoning Hearing Board as a special exception,
a nonconforming use may be changed to another nonconforming use if
the Board finds that all of the following standards are met:
A. The proposed change shall be less objectionable in external effects
than the previous nonconforming use, and will be more consistent physically
with its surroundings.
B. There will be no increase in traffic generation or congestion including
both vehicular and pedestrian traffic.
C. There will be no increase in the danger of fire or explosion.
D. There will be no increase in noise, smoke, dust, fumes, vapors, gases,
heat, odor, glare, vibration or electrical disturbances.
E. There will be no increased threat to health by reason of rodent infestation
or otherwise.
F. There will be no reduction in minimum lot area requirements as a
result of the proposed change.
[Ord. No. 2018-2, 11/5/2018]
1. A nonconforming structure or a nonconforming use shall not be enlarged
except as a special exception authorized by the Zoning Hearing Board
in accordance with the following:
A. The enlargement will not replace a conforming use.
B. Nonconforming Structure or Nonconforming Use. The area subject to
a proposed expansion shall after enlargement conform to all area and
bulk requirements applicable to conforming buildings in the zone in
which it is located and to all applicable off-street parking and loading
requirements.
C. The floor or land area of a nonconforming structure or use shall
be enlarged not more than 25% of the floor or land area as it existed
at the time the structure or use first became nonconforming.
D. Not more than one enlargement of a nonconforming use shall be permitted.
E. A nonconforming structure or use shall not be enlarged beyond the
limits of the zoning lot on which it is located. Expansion to an adjoining
lot is prohibited.
F. A structure containing residential dwelling uses, both conforming
and nonconforming, shall not be enlarged to increase the number of
dwelling units unless in full compliance with all other applicable
provisions of this chapter.
[Ord. No. 2018-2, 11/5/2018]
Nonconforming structures and structures containing nonconforming
uses may be normally maintained and repaired provided that there is
no alteration which extends the area occupied by the nonconforming
use. A structure containing nonconforming residential uses may be
altered to improve interior livability, subject to no structural alterations
which would increase the number of dwelling units or the bulk of the
building.
[Ord. No. 2018-2, 11/5/2018]
1. A nonconforming use and/or structure which has been damaged or destroyed
by fire, explosion, windstorm, flood or other similar act or cause
to the extent of more than 60% of its reproduction value at the time
of the damage shall not be restored except in conformity with the
regulations of the zoning district in which it is located.
2. When damage is less than 60% of its reproduction value, a nonconforming
building or other structure may be repaired or reconstructed and used
as before the time of the damage, provided such repairs or reconstruction
are completed within one year of the date of such damage.
3. A conforming residential use, which is constructed on a lot that
is nonconforming with respect to lot area, lot width, and/or yard
areas, may be reconstructed on the same lot subject to receiving approval
from the Zoning Hearing Board for any necessary variances.
[Ord. No. 2018-2, 11/5/2018]
1. Nonconforming Use and/or Structure. A nonconforming use and/or structure
shall not be reconstructed when damaged to an extent greater than
60% of its reproduction value at the time of the damage and said nonconforming
use and/or structure shall be deemed terminated.
2. Change of Nonconforming Use. Where a nonconforming use is changed
into a conforming use, a nonconforming use shall not thereafter be
resumed. A change of one nonconforming use, without approval by the
Zoning Hearing Board, shall be considered an abandonment of the prior
nonconforming use, which shall not thereafter be resumed.
3. Abandonment of Nonconforming Use. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed to be abandoned if it is changed as set forth in §
27-910, Subsection
2, or if it is discontinued for a period of one year or more without substantial evidence of intent to resume the nonconforming use by documented overt actions.
4. Unsafe Structures. If a nonconforming structure, containing a nonconforming
use, becomes physically and structurally unsafe due to the lack of
maintenance or repairs and it has been legally condemned, it shall
not thereafter be restored, repaired or rebuilt except in conformity
with uses permitted within the zoning district in which such structure
is located.