For the purposes of this chapter, nonconformities shall be defined
and classified by types, as follows:
"Nonconforming use" means a use, whether of land or a structure,
which does not comply with the applicable use provisions in this chapter
or in an amendment hereafter enacted, where such use was lawfully
in existence prior to the enactment of this chapter or such amendment.
"Nonconforming structure" means a structure or part of a structure
manifestly not designed to comply with the applicable use provisions
in this chapter or in an amendment hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or such amendment.
Nonconforming structures include, but are not limited to, nonconforming
signs.
"Bulk nonconformity" refers to the bulk of a structure which
does not comply with the applicable size, height or other bulk provisions
in this chapter or in an amendment hereafter enacted, where such structure
lawfully existed in compliance with such provisions prior to the enactment
of this chapter or such amendment.
"Area nonconformity" refers to that aspect of a structure or
use on a zoning lot which is not in compliance with the applicable
yard, coverage or other area provisions in this chapter or in an amendment
hereafter enacted, where such structure or use lawfully existed in
compliance with such requirements prior to the enactment of this chapter
or such amendment.
Nonconforming uses, nonconforming structures, bulk nonconformities
and area nonconformities may be continued except as otherwise set
forth in this article, but no nonconforming use or structure shall
be enlarged, reconstructed, structurally altered or changed except
as permitted by the provisions of this article.
The owner or occupant of the premises occupied by a nonconforming
use or structure may apply for a certificate of nonconformity from
the Zoning Officer. The owner or occupant shall bear the sole responsibility
to provide required documentation to substantiate the issuance of
a certificate of nonconformity. The Zoning Officer may issue a certificate
of nonconformity where he finds that a use or structure, although
not in compliance with the requirements presently applicable thereto,
is a nonconforming use or structure.
No bulk nonconformity or area nonconformity shall be increased
or changed in any way to depart further from the presently applicable
requirements. Whenever a nonconforming use is permitted to be enlarged
or expanded under the provisions of this chapter or pursuant to judicial
decision, such enlargement or expansion shall not be permitted to
violate, or to depart further from compliance with, the area and bulk
regulations applicable to permitted uses in the zone in which it is
located.
Nonconforming uses and structures shall be changed only in accordance
with the following subsections:
A nonconforming use or structure shall not be extended to displace
a conforming use or structure.
Structures, buildings or uses, either main or accessory, shall
not be combined for the purpose of extending a nonconforming use or
creating a different nonconforming use.
When authorized by the Zoning Hearing Board as a special approval,
a nonconforming use may be changed to another nonconforming use if
the Board finds that all of the following standards are met:
A. The proposed change shall be less objectionable in
external effects that the previous nonconforming use, and will be
more consistent physically with its surroundings.
B. There will be no increase in traffic generation or
congestion including both vehicular and pedestrian traffic.
C. There will be no increase in the danger of fire or
explosion.
D. There will be no increase in noise, smoke, dust, fumes,
vapors, gases, heat, odor, glare, vibration or electrical disturbances.
E. There will be no increased threat to health by reason
of rodent infestation or otherwise.
F. There will be no reduction in minimum lot area requirements
as a result of the proposed change.
A nonconforming structure or a nonconforming use shall not be
enlarged except by special approval authorized by the Zoning Hearing
Board in accordance with the following:
A. Nonconforming structure or nonconforming use. The area
subject to a proposed expansion shall after enlargement conform to
all area and bulk requirements applicable to conforming buildings
in the zone in which it is located and to all applicable off-street
parking and loading requirements.
B. Subject to Subsection
A above, the floor or land area of a nonconforming structure or use shall be enlarged not more than 25% of the floor or land area as it existed at the time the structure or use first became nonconforming.
C. Not more than one enlargement of a nonconforming use
shall be permitted.
D. A nonconforming structure or use shall not be enlarged
beyond the limits of the zoning lot on which it is located. Expansion
to an adjoining lot is prohibited.
E. A structure containing residential dwelling uses, both
conforming and nonconforming, shall not be enlarged to increase the
number of dwelling units unless in full compliance with all other
applicable provisions of this chapter.
Nonconforming structures and structures containing nonconforming
uses maybe normally maintained and repaired provided that there is
no alteration which extends the area occupied by the nonconforming
use. A structure containing nonconforming residential uses may be
altered to improve interior livability, subject to no structural alterations
which would increase the number of dwelling units or the bulk of the
building.
A. A nonconforming use and/or structure which has been
damaged or destroyed by fire, explosion, windstorm, flood or other
similar act or cause to the extent of more than 60% of its reproduction
value at the time of the damage shall not be restored except in conformity
with the regulations of the zoning district in which it is located.
B. When damage is less than 60% of its reproduction value,
a nonconforming building or other structure may be repaired or reconstructed
and used as before the time of the damage, provided such repairs or
reconstruction are completed within one year of the date of such damage.
C. A conforming residential use, which is constructed
on a lot that is nonconforming with respect to lot area, lot width,
and/or yard areas, may be reconstructed on the same lot subject to
receiving approval from the Zoning Hearing Board for any necessary
variances.
A nonconforming use and/or structure shall not be reconstructed
when damaged to an extent greater than 60% of its reproduction value
at the time of the damage and said nonconforming use and/or structure
shall be deemed terminated.
Where a nonconforming use is changed into a conforming use,
a nonconforming use shall not thereafter be resumed. A change of one
nonconforming use, without approval by the Zoning Hearing Board, shall
be considered an abandonment of the prior nonconforming use, which
shall not thereafter be resumed.
The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed to be abandoned if it is changed as set forth in §
500-909.2 or if it is discontinued for a period of one year or more without substantial evidence of intent to resume the nonconforming use, as by actions to rent the premises for such nonconforming use or otherwise.