Except as otherwise provided in this section, any use, building
or structure lawfully existing at the time of enactment of this chapter
may be continued although it is not in conformity with the regulations
specified by this chapter.
If a nonconforming use of land or of a building or structure
ceases or is discontinued for a continuous period of one year or more,
subsequent use of such building, structure or land shall be in conformity
with the provisions of this chapter.
Any lawful nonconforming use of land, exclusive of buildings
and structures and the use contained therein, may be extended upon
the lot upon which it exists at the time of the effective date of
this chapter, but such extension shall conform to area and lot regulations
and to the design standards of this chapter. The extension of a nonconforming
use on a lot shall be limited to the lot which was in existence on
the effective date of this chapter.
Any nonconforming use may be replaced or substituted by another
nonconforming use by special exception if the Zoning Hearing Board
determines that the proposed use is at least equally compatible with
the surrounding area as the original nonconforming use. In addition,
the proposed nonconforming use shall not increase any dimensional
nonconformities. The Zoning Hearing Board may attach reasonable conditions
to the special exception to keep the use compatible within its surroundings.
Any lawful nonconforming building or other structure which has
been involuntarily damaged or destroyed by fire, explosion, windstorm
or other similar active cause may be reconstructed in the same location,
provided that:
A. The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure,
and such reconstructed building or structure shall not increase any
dimensional nonconformities.
B. Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
In any zoning district in which single-family detached dwellings
are permitted, a single-family detached dwelling and customary accessory
buildings may be erected on any lot of record in existence at the
effective date of this chapter. For purposes of this section, when
two or more nonconforming lots for which a subdivision plan had not
been recorded are contiguous and are in single ownership, they become
held in common as one parcel and require a variance from the Zoning
Hearing Board to resubdivide the parcel. This shall apply regardless
of the number of deeds held by the owner. This provision shall apply
even though such lot fails to meet requirements of lot area and lot
width requirements applicable in the zoning district in which the
lot is located. All setback and lot coverage requirements shall be
met.
Any sign that was legally existing as of the effective date of this chapter, that does not comply with the provisions listed in §
380-52 of this chapter, shall be considered a nonconforming sign. All nonconforming signs may continue for a period of up to five years from the effective date of this chapter. After the five-year continuance period, all nonconforming signs shall be removed, reconstructed and/or altered so that they comply with all of the provisions contained within §
380-52 of this chapter. Any improvements, repairs, reconstructions, or any other alterations made to the nonconforming sign during the five-year continuance period shall not waive the requirements for elimination of the nonconforming signs at the end of the continuance period. This section shall not apply to any legally existing nonconforming billboards.
An existing structure which contains a permitted use and is
nonconforming as to building setbacks or lot area may be expanded,
provided that:
A. The expanded portion of the structure will not extend nearer to any
street right-of-way line or other property line than the part of the
existing structure which is closest to the street right-of-way line
or other property line.
B. All other yard requirements of the zoning district are met.
C. No expansion shall be permitted which may cause danger to vehicle
or pedestrian traffic on a street by obscuring the view.
D. No expansion shall be permitted within five feet of any street right-of-way
line or property line.
Any external storage of junk (as defined herein) upon a property
used as a principal residence that was legally existing as of the
effective date of this chapter shall be considered nonconforming.
All such storage may continue for a period of up to six months from
the effective date of this chapter. After the six-month-continuance
period, all such storage shall be removed. Failure to remove such
junk shall constitute a zoning violation. Any improvements, repairs,
reconstructions, or any other alterations made to the area used to
store junk during the continuance period shall not waive the requirements
for elimination of the use at the end of the continuance period.