The following provisions shall apply to all nonconforming uses:
A. Continuation and change. A nonconforming use may be sold or otherwise
transferred to other owners and may be continued but shall not be
changed in use unless to a conforming use.
B. Enlargement or expansion.
(1) A nonconforming use may be expanded or enlarged upon approval as
a special exception by the Zoning Hearing Board and subject to the
general criteria set forth in this chapter and compliance with the
following criteria:
(a)
The extension becomes an attached part of the main structure
and does not utilize additional or adjoining land area other than
the original parcel.
(b)
The extension does not encroach upon the lot area requirements
and the maximum building height and other dimensional requirements
of the zoning district in which the nonconforming use is presently
located.
(c)
The extension is for the purpose of expanding the nonconforming
use in existence at the time of the adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(d)
Such extension does not result in an increase in total floor
area or lot use area of more than 25% of the floor area or lot area
as the same existed at the time of adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(e)
Adequate parking can be provided in conformance with this chapter
to serve both the original plus expanded use.
(f)
Such expansion does not present a threat to the health or safety
of the community or its residents.
(2) This subsection shall not apply to signs.
C. Damage and reconstruction. Any structure which houses a nonconforming
use which is damaged by fire, flood, explosion or other casualty may
be reconstructed and used as before if such reconstruction is initiated
and completed within one year of such casualty and if the restored
structure has no greater lot coverage and contains no greater cubic
content than before such casualty.
D. Abandonment. In the event that any nonconforming use conducted in
a structure or on a lot is abandoned for a period of 12 consecutive
months or longer, such nonconforming use shall be deemed to be abandoned
and shall not be resumed. Once the nonconforming use is abandoned,
the building or structure and/or lot shall not be used except in conformance
with the regulations of the zoning district in which it is located.
The following provisions shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts:
A. Continuation. A nonconforming structure may be sold or otherwise
transferred to other owners or may be continued.
B. Structural alteration. No such structure may be enlarged or structurally
altered in a way that increases its nonconformity.
C. Damage or destruction. Any nonconforming structure which has been
partially or completely damaged or destroyed by fire or other accident
or act of God 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 or reconstruction and reoccupancy of the structure is initiated
and completed within one year of the date of such casualty.
D. Moving. Should a nonconforming structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
of the zoning district in which it is located.
E. Signs.
(1) Nonconforming signs may be repaired 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 75% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this article.
(2) Nonconforming signs may not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that the interchange
of sign face shall be permitted.
The following regulations shall apply to all nonconforming lots,
as defined by this chapter, in any zoning district:
A. Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this article. No division of any lot shall be made which does not comply with the requirements of this article. Any change in lot lines necessary to meet the minimum requirements of this article shall constitute a revision to the recorded plan and shall meet all applicable requirements of Chapter
250, Subdivision and Land Development.
B. Any lot of record existing at the effective date of this chapter
and held in separate ownership different from the ownership of adjoining
lots may be developed in accordance with the requirements of the zoning
district of the lot of record.
C. Where structures exist on adjacent nonconforming lots of record which
have front yards less than the minimum depth required, the minimum
front yard for an adjacent undeveloped nonconforming lot of record
shall be the average depth of the nonconforming front yards of the
adjacent developed nonconforming lots which are in the same block
on the same side of the street and in the same recorded plan as the
undeveloped lot. Private garages, storage sheds, swimming pools and
similar structures shall be located to the rear of the permitted principal
structure and may be permitted in the rear yard, provided that they
are no closer than 10 feet from the rear property line and are not
located on any easements or rights-of-way.
Subject to the provisions of this article, a nonconforming lot,
nonconforming structure or nonconforming use may be continued even
though such does not conform with the provisions of these regulations
for the district in which it is located. The Zoning Officer may keep
and maintain a list of all nonconforming lots, structures or uses
existing at the time of the passage of this chapter, its predecessors
or amendments thereto, and which may come to exist in the future.