Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the requirements
of this chapter, such structure may be continued as long as it remains
otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or otherwise have any structure
alterations made to it in a way which increases its nonconformity,
except when the Zoning Hearing Board may determine undue hardship
and may authorize a reasonable modification of such structure.
B. Any nonconforming structure which has been partially or completely
damaged or destroyed by fire or other means may be rebuilt or repaired
on its existing foundation even though such foundation may violate
the setback requirements for the zoning district in which the structure
is located, provided that the repair of reconstruction and reoccupancy
of the structure occurs within 18 months of the date that the original
structure was damaged or destroyed.
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the requirements of the zoning district
in which it is located.
D. In addition to the requirements of Article
VII as they pertain to Floodplain Areas Overlay District, structures existing in any identified floodplain area prior to the date of adoption of restrictions in the identified floodplain area may continue provided that no expansion or enlargement of any existing structure shall be allowed within any identified floodway zoning district that would cause any increase in flood heights.
If a lawful use of a structure or of a structure and lot in
combination exists at the effective date of adoption or amendment
of this chapter that would not be allowed in the zoning district under
the terms of this chapter, the lawful use may be continued, subject
to the following provisions:
A. No existing structure devoted to a use not permitted by this chapter
in the zoning district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or otherwise have any structural
alterations made to it except in changing the use of the structure
to an authorized use in the zoning district in which it is located,
unless the Zoning Hearing Board shall interpret that the enlargement,
extension, construction, reconstruction or structural alteration is
necessitated by the natural expansion and growth of trade of the nonconforming
use.
B. Any nonconforming use may be extended throughout any part of a structure
which was manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any lot or portion of a lot outside such structure,
except on a lot or portion of a lot owned at the use became nonconforming.
C. Any structure or structure and lot in combination in or on which
a nonconforming use is superseded by an authorized use shall thereafter
conform to the regulations for the zoning district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
D. When a nonconforming use of a structure or structure and lot in combination
ceases for a period of more than 12 consecutive months, it shall be
presumed that the nonconforming use has been abandoned, and any subsequent
use of such structure or structure and lot in combination shall conform
to the regulations specified by this chapter for the zoning district
in which such lot is located.
E. Where nonconforming status applies to both the use and the structure
on the lot, removal or destruction of the nonconforming structure
shall eliminate the nonconforming use on the lot.
F. Nonconforming signs may be repairs or reconstructed, provided that
no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 50% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
G. Nonconforming signs may not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that interchange
of poster panels shall be permitted.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any structure or part thereof
declared to be unsafe by any official charged with protecting the
safety of the populace.
Any use for which a conditional use, use by special exception
or planned residential development is approved in accordance with
this chapter shall not be deemed a nonconforming use but shall, without
further action, be deemed a nonconforming use in such zoning district.
The provisions of this article shall not apply to any building
or structure which is designated by the federal or state government,
or by the Planning Commission, with concurrence of the Supervisors,
to be an historical landmark.