[Ord. 187, 4/18/2008]
A nonconforming use or structure is any lot, structure, building
or use that lawfully existed on May 22, 1973, or at the effective
date of any subsequent applicable amendment to this Chapter, or was
legally established through the granting of a variance by the Zoning
Hearing Board, but which, as a result of the enactment of this Chapter,
does not comply with the provisions of this Chapter.
[Ord. 187, 4/18/2008]
1.
The Zoning
Officer shall, upon adoption of this Chapter, identify and register
all nonconforming uses and structures.
2.
The owner
of the premises occupied by a lawful nonconforming use or structure
may secure a certification of nonconformance from the Zoning Officer.
Such certificate shall be authorized by the Zoning Hearing Board and
shall certify to the owner his right to continue such nonconforming
use.
[Ord. 187, 4/18/2008]
Nonconforming unimproved lots may be improved or built upon
provided the yard requirements of this Chapter are observed, or a
variance is granted by the Zoning Hearing Board.
[Ord. 187, 4/18/2008]
1.
Nonconforming
uses shall not be altered, reconstructed, extended or enlarged, except
in accordance with the following provisions:
A.
Such
alteration, reconstruction, extension or enlargement shall be permitted
only by special exception as may be approved by the Zoning Hearing
Board pursuant to this Chapter.
B.
Such
alteration, reconstruction, extension or enlargement shall only be
upon the same lot as in existence at the date the use became nonconforming.
C.
Any increase
in volume or area of the nonconforming use or structure shall not
exceed an aggregate of more than 1/3 of said volume or floor area
during the life of the nonconformity, except as provided hereafter.
D.
A nonconforming
structure, building, or any structure or building contained a nonconforming
use, which is wholly or partially destroyed by fire, explosion, flood
or other cause, may be reconstructed and used for the same nonconforming
use, provided that:
(1)
Reconstruction of the structure or building shall be commenced within
one year from the date of destruction.
(2)
Reconstruction shall proceed without interruption to completion of
the structure, building or use, or the structure, building or use
shall be subject to a rebuttable presumption of abandonment. Notice
of presumed abandonment shall be issued in writing by the Zoning Officer
to the owner(s) of record. Any challenge to the presumption of abandonment
shall be heard by the Zoning Hearing Board within 45 days of receipt
by the Zoning Officer of a written challenge from the record owner(s)
which sets forth in detail any reason or reasons why an abandonment
has not occurred.
(3)
There shall be no increase in the size or extent of any nonconformity
from the existing state prior to destruction, unless such increase
is permitted in accordance with the provisions of this Section. The
Zoning Officer may refer the application for reconstruction to the
Zoning Hearing Board for a determination of compliance. The Board
shall conduct a hearing on the matter within 45 days of the referral
by the Zoning Officer.
[Ord. 187, 4/18/2008]
1.
Whenever
a lot, structure, building or use is sold or conveyed to a new owner,
the previous nonconforming use may be continued by the new owner.
A.
Notwithstanding
the foregoing, should the new owner wish to change the use of the
lot, building or structure to another nonconforming use, the owner
shall apply to the Zoning Hearing Board for approval of the change
of use. The Zoning Hearing Board shall conduct a hearing on the request
within 45 days of the application. In its deliberation, the Board
shall consider whether the proposed change of use is consistent with
the character of the neighborhood in which the use is proposed.
[Ord. 187, 4/18/2008]
1.
If a nonconforming
lot, structure, building or use is discontinued for 12 consecutive
months, the same shall be subject to a rebuttable presumption of abandonment,
unless the owner has filed a written request for extension, which
request shall be heard by the Zoning Hearing Board within 45 days.
A.
If no
request for extension is filed, a notice of presumed abandonment shall
be issued to the record owner(s)in writing by the Zoning Officer.
A challenge to the presumption shall be heard by the Zoning Hearing
Board within 45 days of receipt by the Zoning Officer of a written
challenge from the record owner(s) which sets forth in detail any
reason or reasons why an abandonment has not occurred.
[Ord. 187, 4/18/2008]
Once a lot, building, structure or use has been converted to
a conforming lot, building, structure or use, the same shall not be
permitted to revert to a nonconforming status, except upon an amendment
to this Chapter which renders the same as nonconforming.
[Ord. 187, 4/18/2008]
Whenever the Zoning Hearing Board is required to hear a matter
arising under this part, the Board shall render its decision within
45 days of the last hearing date and shall set forth findings and
conclusions of law in support of its decision.
[Ord. 187, 4/18/2008; as amended by Ord. 189, 7/22/2008; and by Ord. 192, 11/20/2008]
1.
Notwithstanding
other provisions of this Chapter to the contrary, where an applicant
for land development proposes to eliminate an existing non-conforming
structure the following provisions shall apply, if the same are more
favorable to the applicant:
A.
If the applicant demonstrates to the reasonable satisfaction of the Supervisors that such elimination requires disturbance of steep slopes in excess of the disturbance permitted under other provisions of this Chapter then, in that case, the disturbance of contiguous areas of steep slope which is exempted from the disturbance limitations of § 27-401, Subsection 3E, or other provisions of this Chapter shall be increased to 6,500 square feet in size and shall not be used in the calculation of the total square footage of steep slopes or the percentage of disturbance of steep slopes on a lot or development tract.
B.
If the existing nonconforming structure to be eliminated is located between the front yard setback and the front lot line, then, in that case, notwithstanding the prohibitions of §§ 27-402 or 27-403 or other provisions of this Chapter, one single row of parking (together with a twenty-four-foot driveway for the access to said parking row) may be placed within the front yard set back provided the said nonconforming structure is eliminated.
C.
The minimum
front yard setback in the B-1 zone as applied to land development
which proposes to eliminate an existing nonconforming structure which
structure is located within the front yard setback shall be no more
60 feet.
