Except as otherwise provided in this Article
XXII, the following regulations shall apply in all districts to nonconforming uses, buildings, structures, lots and signs.
Except as otherwise provided in this Article
XXII, any nonconforming use, nonconforming building or structure, nonconforming lot or nonconforming sign, may be continued in the form and to the extent evident at the effective date of adoption of this chapter or any subsequent amendment of this chapter.
Except as otherwise provided in this Article
XXII, all nonconforming uses shall comply with the following:
A. Expansion of a nonconforming use. The nonconforming use within a
building, structure, or upon a lot, shall not be expanded so as to
use other portions of the building, structure or lot unless the Zoning
Hearing Board authorizes the expansion as a special exception. The
Zoning Hearing Board may grant such special exception, provided that:
(1)
It is clear that such expansion is not materially detrimental
to the character of the surrounding area or the interest of the municipality.
(2)
The area devoted to the nonconforming use shall in no case be
increased by more than 25%. This increase shall occur only once per
the existence of the nonconforming use.
(3)
The expansion of a nonconforming use on a lot shall be limited
to the lot which was in existence on the effective date of this chapter.
Lots shall not be merged to allow for the expansion of a nonconforming
use.
B. Expansion of a building or structure housing a nonconforming use.
A building or structure housing a nonconforming use shall not be enlarged
or structurally altered, except insofar as is required by law to assure
the structural safety of the building or structure, or unless the
Zoning Hearing Board authorizes the limited enlargement as a special
exception. The Zoning Hearing Board may grant such special exception,
provided that:
(1)
It is clear that such enlargement or structural alteration of
the building or structure is not materially detrimental to the character
of the surrounding area or the interest of the municipality.
(2)
Any extension of a building or structure housing a nonconforming
use shall conform to the area and bulk requirements of the district
in which it is situated.
(3)
Expansion of the nonconforming use, if proposed, is consistent with the provisions in Subsection
A, above.
C. Change of nonconforming use.
(1)
Once changed to a conforming use, within a building, structure,
or on land, the use shall not be permitted to revert back to a nonconforming
use.
(2)
A nonconforming use may only be changed to another nonconforming
use by grant of special exception by the Zoning Hearing Board, after
a public hearing at which it is determined that the proposed new nonconforming
use will be less detrimental to its neighborhood and surroundings
than is the use it is to replace. In determining relative detriment,
the Zoning Hearing Board shall take into consideration:
(b)
Nuisance characteristics (such as emission of noise, dust, odor,
glare, and smoke);
(d)
Hours and manner of operation; or
(e)
Any of the conditions required for special exception approval in accordance with §
162-2408.
D. Reconstruction of a nonconforming use. A structure containing a nonconforming
use involuntarily destroyed by fire, explosion, wind, flood, or other
phenomena, or legally condemned, may be reconstructed and used for
the same nonconforming use, provided that:
(1)
The Zoning Hearing Board, as a special exception, authorizes
such reconstruction. The applicant shall prove that the nonconforming
use to be continued to be carried on in the reconstructed structure
will have no substantial adverse impacts on the use or development
of adjacent property, nor be otherwise detrimental to the public health,
safety, or welfare.
(2)
Reconstruction of the structure shall commence within one year
from the date the structure was destroyed or condemned and shall be
completed within one year from the date of commencement.
(3)
The reconstructed structure shall not exceed the area, bulk, and height of the damaged or destroyed structure, except as provided for in Subsection
A above, or §
162-2204B, as applicable.
E. Unenclosed premises. Where a nonconforming use is conducted entirely
on an unclosed premises, a building or structure to house or enclose
such use, may be granted by special exception, by the Zoning Hearing
Board, after a public hearing at which it is determined that the enclosure
of the nonconforming use will be less detrimental to its neighborhood
and surroundings than if it remains unenclosed. Such building or structure
must conform to the area and bulk requirements of this chapter.
F. Abandonment of a nonconforming use. Whenever a nonconforming use
of land, premises, building or structure, or any part or portion thereof,
has been discontinued for a period of one year, such discontinuance
shall be presumed to constitute an intention to abandon such use and
any subsequent use of the property shall be in conformity with the
provisions of this chapter.
Except as provided in this article, any lot lawfully existing
at the time of enactment of this chapter, or any amendment thereto,
may be utilized subject to the following provisions:
A. A nonconforming lot held on the effective date of this chapter in
single and separate ownership, which does not meet the required minimum
area or dimensional requirements of the applicable district, may continue
to be used, a zoning permit may be issued, or a building permit may
be issued, provided any one of the following conditions applies:
(1)
An existing use is permitted under the zoning requirements of this chapter or in accordance with §
162-2203, above.
(2)
A proposed use is permitted under the zoning requirements of
this chapter.
(3)
An existing building or structure:
(a)
Would have been in compliance with the zoning provisions for
yards, setbacks, building coverage, and lot coverage that applied
to the lot as of the day prior to the effective date of this chapter;
and
(b)
Adequate sewer and water facilities are provided.
(4)
In the case of a proposed building or structure:
(a)
The proposed building or structure is in compliance with the
current zoning provisions for yards, setbacks, building coverage,
and lot coverage; and
(b)
Adequate sewer and water facilities are provided.
B. Reduction of lot area. The lot area of either a conforming or nonconforming
lot shall not be reduced so that the area or width of the lot shall
be smaller than prescribed within the applicable district.
Any existing nonconforming signs may be continued, subject to
the following:
A. Relocation. A nonconforming sign may be relocated, provided that
moving such a sign would eliminate the nonconformity. A nonconforming
sign shall not be moved to another position on the building or lot
on which it is located after the effective date of this chapter or
amendment thereto, where such sign remains nonconforming.
B. Area. The total area of all such signs relating to a single use at
the effective date of this chapter, or at the effective date of any
amendment of this chapter, by which any sign shall be made nonconforming,
shall not be increased.
C. Repair or replacement. Nonconforming signs, once removed or damaged
more than 50% of the sign face area, shall be replaced with conforming
signs. Nonconforming signs, with damage of 50% or less may be repainted
or repaired, provided that such repainted or repaired sign does not
exceed the dimensions of the existing sign or otherwise increase its
nonconformity. No such sign shall be changed or replaced unless authorized
as a special exception by the Zoning Hearing Board.
D. Discontinuance. Whenever any nonconforming use of building, structure,
or land, or of a combination of buildings, structure and land ceases,
all signs accessory to such use shall be deemed to become nonconforming
and shall be removed within 90 days from the date such use terminates.