[Ord. 5/9/1972, § 900; as amended by Ord. 12/12/1991B, § 24]
1.
Nonconforming Structure or Lot. A structure or lot that does not
conform to a dimensional regulation prescribed by this chapter for
the district in which it is located or to regulations for signs, off-street
parking or accessory buildings but which structure or lot was in existence
at the time the regulation, or amendment thereto, was established.
2.
Nonconforming Use. A use of a building or lot that does not conform
to a use regulation prescribed by this chapter for the district in
which it is located but which was in existence at the time the use
regulation, or amendment thereto, became effective and was lawful
at the time it was established.
[Ord. 5/9/1972, § 910; as amended by Ord. 12/12/1991B, § 24]
1.
Continuation. Any lawful structure existing on the effective date
of this chapter may remain although such structure does not conform
to the dimensional requirements of this chapter.
2.
Restoration. A nonconforming building wholly or partially destroyed
by fire, explosion, flood or other phenomenon or legally condemned
may be reconstructed, provided reconstruction of the building shall
be: (1) commenced within one year from the date the building was destroyed
or condemned, (2) carried on without interruption and (3) in accord
with all dimensional requirements of this chapter unless a variance
is granted by the Zoning Hearing Board.
3.
Extension or Alteration. A structure that does not conform with the
setback yard, building height or other dimensional requirements of
the district in which it is located may be extended, provided the
extension conforms with all dimensional requirements of this chapter
and all other applicable regulations of this chapter.
[Ord. 5/9/1972, § 920; as amended by Ord. 12/12/1991B, § 24]
1.
Continuation. Any lawfully created lot existing on the effective
date of this chapter may be continued although such lot does not conform
to the lot requirements for the district in which it is located.
2.
Construction. The provisions of this chapter shall not prevent the
construction of a structure, provided the yard, height and other applicable
dimensional requirements are met, or the establishment of a permitted
and lawful use on any nonconforming lot. However, this provision shall
not apply to any two or more contiguous lots in single ownership as
of or subsequent to the effective date of this chapter where reparceling
or replatting could create one or more conforming lots.
[Ord. 5/9/1972, § 930]
1.
Continuation. Any lawful use of a building or land existing at the
effective date of this chapter may be continued although such use
does not conform to the provisions of this chapter.
2.
Extension. A use that does not conform to the use regulations of
the district in which it is located may be extended, provided:
A.
Any extension shall take place only upon the lot or contiguous lots
held in the same ownership as that existing at the time the uses became
nonconforming.
B.
Any extension shall conform with the area, building height, parking,
sign and other requirements of the district in which said extension
is located, as contained in Parts 5, 6, and 7.
C.
Any increase in volume or area of the nonconforming use shall not
exceed an aggregate of more than 100% of such volume or area during
the life of the nonconformity. For nonconforming uses whose normal
operations involve natural expansion (quarries, landfill, cemeteries,
etc.), expansion shall be permitted by right up to 50% of the volume
or area of the nonconformity. For expansion beyond 50%, a conditional
use permit shall be required.
3.
Changes. Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under the following
conditions.
A.
Such change shall be permitted only as a special exception under
the provisions of Part 11.
B.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
4.
Abandonment. If a nonconforming use of a building or land ceases
and is abandoned for a continuous period of one year or more, subsequent
use of such building or land shall be in conformity with the provisions
of this chapter. For the purposes of this chapter, abandonment shall
commence when reasonable efforts to reestablish (such as lease, rental,
sale, etc.) a nonconforming use have ceased.
