All buildings, structures, uses of land, uses of buildings,
lots and signs which do not conform to all of the applicable regulations
of the district in which they are located or other applicable requirements
of this chapter shall be considered as nonconforming, provided that:
A. They lawfully existed on the date of passage of this chapter; or
B. They lawfully existed on the date of passage of a text or map amendment
to this chapter, which amendment caused the nonconforming status.
Nonconforming status shall be classified as follows:
A. Nonconforming use. The existing lawful use of land and/or buildings
and/or structures upon the land which does not conform to any of the
permitted uses of the district in which it is located.
B. Nonconforming building or structure. Any existing lawful building
or structure that does not conform to the height, location, size,
bulk, building or impervious coverage, or other dimensional requirements
of the district in which it is located. This does not include signs.
C. Nonconforming lot. Any existing lawful lot which does not conform
to the applicable dimensional regulations, including area, depth,
and/or width requirements, for lots in the district in which it is
located.
D. Nonconforming sign. Any sign, signboard, billboard or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of this chapter shall be considered a nonconforming sign and shall also be governed by the requirements of Article
XIV of this chapter.
E. Temporary nonconforming use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 100 days on the approval of an application for a special exception by the Zoning Hearing Board, in accordance with the provisions of Article
XVIII of this chapter. In order to obtain approval of such special exception, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that:
(1) The temporary nonconforming use shall not be detrimental to the traffic
flow of the community and that any traffic impacts, such as traffic
congestion, shall be adequately mitigated;
(2) The temporary nonconforming use shall be in harmony with the character
of the immediate neighborhood in which it is located and shall not
substantially or permanently impair the appropriate use or development
of adjacent property; and
(3) The temporary nonconforming use shall have some demonstrable benefit
for the community of East Greenville, such as to the health, welfare,
economic development, or other advantage or assistance to the community.