These regulations shall apply to any use of a structure or lot
in any zoning district that is a nonconforming use as defined by this
chapter. Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one zoning district to another of a
different classification, these regulations shall also apply to any
uses that thereby become nonconforming.
A nonconforming use shall not be changed to any use other than
a conforming use, except as authorized by the Zoning Hearing Board
as a use by special exception in accordance with the following express
standards and criteria:
A. The new nonconforming use shall be equal to or better than the existing
nonconforming use. In determining whether the new use is equal to
or better than the existing nonconforming use, the Zoning Hearing
Board shall consider whether the new use is listed as an authorized
permitted use, conditional use or use by special exception in the
most restrictive zoning district that allows the existing nonconforming
use. In addition, the Board shall consider the following:
(1)
The number of employees, if any, proposed in the new use compared
with the existing use.
(2)
The type of activities, products, equipment and processes and
magnitude of walk-in trade, if any, in the new use compared with the
existing use.
(3)
The comparative impact on the environment of the new use.
(4)
The ability of the new use to comply with the performance standards
of this code as compared with the existing use.
B. The new use shall be in keeping with the character of the neighborhood
in which it is located.
C. The new use shall conform to the off-street parking requirements
of this code for the new use. In authorizing the new use, the Zoning
Hearing Board may grant a parking exemption, utilizing the applicable
criteria of this code.
D. The new use shall be subject to the area and bulk regulations of
the district in which the new use is located.
E. The new use shall be subject to the buffer area requirements of this
code for C Zoning District uses if the use is an authorized use in
the C Zoning District.
F. The new use shall be subject to any applicable standards and criteria
of the use, if the use is authorized as a conditional use or use by
special exception in the most restrictive zoning district classification
where such use is authorized.
G. When a nonconforming use is changed to a conforming use, the use
thereafter shall not be changed to a nonconforming use.
H. Where a nonconforming use exists on a lot, a conforming use shall
not be established on the same lot unless the nonconforming use is
discontinued.
When a nonconforming use of a structure and/or lot is discontinued
or abandoned for six consecutive months, the structure and/or lot
shall not thereafter be used, except in conformance with the regulations
of the zoning district in which it is located.