As used in this chapter, the following terms shall have the
meanings indicated:
Any structure which is devoted to a use which is permitted
in the zoning district in which it is located, but which is located
on a lot that does not conform to applicable lot size and/or area
and bulk requirements, where such building or structure existed lawfully
prior to the enactment of this chapter or amendment.
An undeveloped lot which does not comply with the applicable
provisions contained in this chapter, or any amendment hereafter enacted,
but which was lawfully in existence prior to the enactment of this
chapter.
A use of part or all of a structure, or a use of land (not
involving a structure or only involving a structure which is accessory
to such use of land), which does not comply with the applicable use
regulations contained in this chapter, where such use existed lawfully
prior to the enactment of this chapter or amendment.
Subject to the provisions of this section, a use of building
or land existing at the time of the enactment of this chapter 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 shall keep and maintain a list of all nonconforming
uses existing at the time of the passage of this chapter and which
may come to exist in the future.
A.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority.
B.
A nonconforming building, structure (excluding signs) may be altered,
improved or reconstructed, provided that the total cost of such work
does not exceed 50% of the fair market value of the structure at the
time of the requested alteration and that the work does not make the
structure any more nonconforming in any aspect. This cost limitation
does not apply if the work involves bringing the structure into conformance
with applicable zoning regulations.
C.
If a nonconforming structure, or use thereof, is destroyed totally
or partially by fire, collapse, explosion or other disaster, it may
be reconstructed (and the nonconforming use thereof continued), if
work commences within six months of the date of destruction and is
pursued diligently to completion. However, reconstruction shall not
make the building or structure more nonconforming, in any aspect,
than it was prior to destruction. Reconstruction must comply with
applicable state and local building codes.
D.
A lawful use in a nonconforming building or structure may expand
within the existing building.
A.
Residential, mixed-use, conservation districts.
(1)
In such districts, nonconforming uses may expand up to 25% of
the original building or use area (measured in square feet), to allow
for continuation and reasonable growth of the use. Such expansion
shall not exceed applicable area and bulk requirements and shall not
eliminate required offstreet parking and/or loading areas.
(2)
Zoning Hearing Board may authorize an expansion or enlargement
exceeding the 25% limitation where the expansion is to provide required
offstreet parking or loading space or to improve hazardous conditions.
Board may require an additional traffic study, also may require additional
development plan prior to approval.
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with § 550-904F(4) of this chapter.
Nothing in this chapter shall require any change in plans, construction
or designated use of a building or structure for which a building
permit has been issued and the construction of which shall have been
diligently prosecuted within six months of the date of such permit,
and the entire building completed according to approved plans within
one year of the enactment of this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
A.
The intent of the owner to discontinue the use is apparent.
B.
A nonconforming use has been discontinued for a period of six months
unless other facts show intention to resume the nonconforming use.
C.
It has been replaced by a conforming use.
D.
It has been changed to another nonconforming use under permit from
the Zoning Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, structures or lots of record existing therein.
A.
In any residential or mixed-use district, notwithstanding the regulations
imposed by any other provision of this chapter, a single-family detached
dwelling which complies with applicable zoning restrictions except
for lot area may be erected, provided that the following requirements
are met:
(1)
The lot is shown by a recorded plat or deed to have been owned
separately and individually from adjoining tracts of land at a time
when the creation of a lot of such size, at such location was not
prohibited by any zoning ordinance then in effect.
(2)
The lot has remained in separate and individual ownership from
adjoining tracts of land continuously during the entire time that
the creation of such lot has been prohibited by the applicable zoning
ordinance or ordinances.
B.
Construction permitted by the above shall comply with all the regulations,
except lot area and yard requirements, applicable to single-family
dwellings in the zoning district in which the lot in question is located.
However, the following yard requirements shall apply:
(1)
Front yards: as prescribed by the regulations for the zoning district in which the lot is located or by the provision for front yard exceptions in Article IV of this chapter.
(3)
Rear yards: as prescribed by the regulations for the zoning
district in which the lot is located, or no less than 10 feet.
A.
Any use, for which a conditional use permit has been issued as provided
by this chapter, shall not be deemed to be a nonconforming use, but
it shall be deemed a lawful conforming use.
B.
Where a use exists at the effective date of this chapter and is permitted
by this chapter only as a conditional use in the zoning district in
which it is located, then it shall be deemed to be a lawful conforming
use in such zoning district.
A.
Upon adoption of this chapter, the Zoning Officer shall prepare a
list of all nonconforming signs. A nonconforming sign cannot be enlarged
or altered in any aspect, except to make safety improvements or changes
which will make the sign conforming, or more conforming, to the provisions
of this chapter.
B.
In the case of a nonconforming projecting sign (i.e., a sign attached
to but projecting perpendicularly from a structure or building face),
it must be replaced with a conforming sign whenever there is a change
of ownership of the use or a change of use following the effective
date of this chapter.
C.
If the Zoning Officer orders repairs on any nonconforming sign, which
equal 50% or more of the sign's replacement value, then the sign
shall be brought into conformance as part of the repairs.
