Any land, the existing lawful use of which at the time of passage
of this chapter, does not conform with the regulation of the district
on which it is located, shall have such use considered as nonconforming
use, which may continue on such land but shall be subject to all the
other pertinent regulations covering nonconforming uses.
Any lawful building or the lawful use of any building existing
at the time of the passage of this chapter that does not conform to
use, height, location, size or bulk, with the regulations of the district
in which it is located shall be considered a nonconforming building
or use, and may continue such use in its present location, but shall
be subject to all other pertinent regulations covering nonconforming
uses.
A building for which a valid zoning permit has been issued and/or
is actually under construction to the extent of completion of footings
may be completed as a nonconforming use. Buildings not under actual
construction at the time of passage of this chapter shall be built
in conformity with its requirements.
[Amended 3-11-2004 by Ord. No. 2004-05]
A nonconforming building, structure or use will be considered
as such unless and until it complies with the regulations of the district
in which it is located. Such use may be changed to a use of the same
class of district but shall not be changed to a use designated for
a district having less restrictive regulations. The Zoning Hearing
Board shall have the discretion to determine what change of nonconforming
use is of the same or more class of district.
A nonconforming use, when discontinued, may be resumed any time
within one year from such discontinuance, but not thereafter. The
resumption may be of the same class of use, but shall not be resumed
as a nonconforming use of a lower class.
[Amended 3-11-2004 by Ord. No. 2004-05]
Any lawful, nonconforming use of a portion of a building may
be extended throughout the building or any building of which a lawful,
nonconforming use is made may be extended upon the lot occupied by
such building and held in single and separate ownership on the effective
date of this chapter.
The Zoning Hearing Board shall have discretion to determine
what resumption or change of nonconforming use is of the same class
of use and permissible.
A nonconforming building which has been damaged or destroyed
by fire, explosion, accident or calamity (as contrasted to deterioration
due to time or neglect) may be reconstructed and used for the same
nonconforming use; provided, that: (1) the reconstructed building
shall not exceed in height, area and volume the building destroyed,
and (2) building reconstruction shall be started within one year from
the date the building was destroyed and shall be carried on without
interruption.
A nonconforming building which has been legally condemned shall
not be rebuilt or used except in accordance with the provisions of
this chapter.
A temporary nonconforming use, which will benefit the public
health or welfare or promote proper development of a district in conformity
with the intent of this chapter, may be permitted for a period of
not more than one month, on the approval of the Zoning Hearing Board,
but any such use to be permitted for a longer period shall require
a public hearing thereon, after which a Zoning Hearing Board certificate
may be issued for a period not to exceed one year in any case.
[Amended 3-11-2004 by Ord. No. 2004-05]
Any sign, signboard, billboard or advertising device existing
at the time of the passing of this chapter that does not conform in
use, location, height or size with the regulations of the district
in which it is located, shall be considered a nonconforming use and
may continue in such use in its present location for a period of two
years from the date of the passage of this chapter but not after.
The continuation of such nonconforming use after the expiration of
two years shall be a violation of this chapter. If a sign is relocated
or replaced, it shall be made to comply with all provisions of this
chapter. Nonconforming temporary signs or signs for which no permit
was obtained shall be removed within 90 days from the date of adoption
of this chapter.
All nonconforming uses of land shall be discontinued and all
nonconforming buildings or structures shall be torn down, or otherwise
made to conform within 10 years of adoption of this chapter for junkyards,
commercial animal or stock yards and lumber yards not on the same
lot with a plant, sales facility or a factory.