All lawful uses of land or of a building or other structure
existing on the effective date of this chapter may be continued, altered,
restored, reconstructed, sold, or maintained even though such use
may not conform to the use, height, area, yard, and other regulations
of the district in which it is located, providing such nonconforming
uses shall comply with the provision of this article.
A.
Repairs and structural alterations not constituting extensions, expansions,
or enlargements may be made to a nonconforming structure or to a structure
occupied by a nonconforming use.
B.
A nonconforming structure which is damaged by fire, explosion, or
natural disaster may be rebuilt and used for the same purpose, provided
that:
(1)
The reconstruction of the structure is commenced within one year
from the date of the destruction of the building and is carried to
completion without undue delay.
(2)
The reconstructed structure does not exceed the height, area, and
volume of the building destroyed.
(3)
The reconstructed structure shall be located within the footprint
of the structure that was destroyed.
A.
The Zoning Hearing Board may authorize, as a special exception, the
following types of extensions, expansions, and enlargements of nonconforming
uses existing on the effective date of this chapter:
B.
The foregoing extension, expansions, and enlargements of such nonconforming
uses shall be subject to the following conditions:
(1)
The extension, expansion, or enlargement shall conform to the height,
area, yard, and coverage regulations of the district in which the
use would ordinarily be permitted.
(2)
The criteria of § 375-97B(1) notwithstanding, the extension, expansion, or enlargement of the nonconforming use shall not exceed an increase of 50% of the original area of the nonconforming use. Where the nonconforming use is fully conducted within a building, this standard shall apply to the total area of the building footprint. Where the nonconforming use is not fully conducted within a building, this standard shall apply to the total land area of the lot dedicated to the nonconforming use. The original area of the nonconforming use is the original building footprint or land area devoted to the nonconforming use on the date such nonconforming use became nonconforming.
(3)
The entire use shall be provided with off-street parking and loading spaces as required by Article XIX. Where the design of current off-street parking lots and loading facilities do not comply with current standards of Article XIX, such parking lots and loading facilities shall be redesigned to comply.
(4)
The extension, expansion, or enlargement does not replace a conforming
use.
(5)
The extension, expansion, or enlargement of the nonconforming use
shall not be permitted to extend into land adjacent to the initial
parcel of existing land occupied on the effective date of this chapter.
A.
Where an existing structure is nonconforming with regard to one or
more applicable dimensional standards, such structure may be extended,
expanded, or enlarged as a matter of right, provided that the degree
of nonconformity is not increased.
B.
Where an existing structure is nonconforming with regard to one or
more applicable dimensional standards, and an extension, expansion,
or enlargement of said building is proposed that would increase the
degree or nonconformity, such extension, expansion, or enlargement
shall be subject to variance approval from the Zoning Hearing Board.
Whenever a nonconforming use has been changed to a conforming
use, such use shall not thereafter be changed to a nonconforming use.
If a nonconforming use of a structure or land ceases or is discontinued
for a continuous period of one year or more, the nonconforming use
shall be considered to be abandoned, and subsequent use of such structure
or land shall be in conformity with all the provisions of this article.
This standard shall not apply in cases where the cessation or discontinuance
was caused by circumstances beyond the control of the owner.
Any lot held in single and separate ownership at the effective
date of this chapter and which does not conform to one or more of
the applicable dimensional regulations in the district in which it
is located shall be considered nonconforming. A building may be erected
upon a nonconforming lot and a use may be established upon a nonconforming
lot, provided a zoning permit is obtained in accordance with the provisions
of this chapter. Such development shall comply with the following
provisions:
A.
The proposed use is permitted by right within the district in which
it is located.
B.
The proposed building and use shall comply with all applicable area,
height, and bulk regulations of the district other than the regulation(s)
that result in the lot being considered to be nonconforming. Zoning
permit approval shall not be granted for lots that are nonconforming
with regard to minimum lot area, and where the underlying zoning district
applies a minimum lot area standard for a specific use that exceeds
the generally required minimum lot area standard for the zoning district
as a whole.
A.
Signs in existence at the effective date of this chapter may be continued subject to the requirements contained in § 375-95 of this chapter.
B.
If and when a nonconforming sign is replaced, the new sign shall comply with the requirements of Article XX of this chapter. "Replacement" shall refer to structural replacement and/or relocation of the sign, but shall not include simply revising the text or color of the sign.
[Amended 5-19-2021 by Ord. No. 2021-06]
