Lawful uses, located either within a building
or other structure, or part thereof or on the land or in combination
of both, which at the effective date of this chapter or subsequent
amendment thereto became nonconforming, may be continued so long as
they remain otherwise lawful, including subsequent sales of the property,
subject to the following regulations:
A. Enlargement.
No such nonconforming use shall be enlarged or increased upon ground
not occupied at the time of the passage of the Zoning Ordinance nor
upon that portion of said ground not devoted to the nonconforming
use.
B. Damage or destruction.
(1) In the event
that a manufacturing nonconforming use, in a residential district,
is destroyed or partially destroyed by fire, explosion or other disasters
or otherwise damaged to the extent of 75% or more of the assessed
valuation of all buildings, structures and other improvements on the
lot, as determined from the assessment rolls effective at the date
of the damage or destruction, such nonconforming uses shall terminate
and the lot shall thereafter be used only for conforming uses.
(2) In the event
that any nonconforming use, in any district, is destroyed or partially
destroyed by fire, explosion or other disaster or otherwise damaged
to the extent of 75% or more of the assessed valuation (as defined
above), such nonconforming use shall terminate and the lot shall thereafter
be used only for conforming uses.
C. Discontinuance.
If a nonconforming use of land ceases operations for a period of more
than one year after which the owner of such property does not file
a certification of intention to maintain such use, then this shall
be deemed to be an intent to abandon such use and any subsequent use
of the land shall conform to the regulations of this chapter.
Nonconforming lot regulations shall be as follows:
In any district, in which single-family houses are permitted, notwithstanding
the area limitation imposed by other provisions of this chapter, a
single-family house and customary accessory buildings may be erected
on any single lot of record in existence at the effective date of
adoption or amendment of this chapter, provided that the following
requirements shall be observed.
A. Such lot must
be in separate ownership, and not form part of a continuous frontage
with other lots in the same ownership.
B. This provision
shall apply even though such lot fails to meet requirements of area
or width, or both, generally applicable in the district in which the
lot is located and a variance shall be issued by the Zoning Hearing
Board except as follows:
(1) No application
for a variance shall be accepted if the side, front or rear yards
or the width or area of the lot in question is less than 50% of the
required minimum for the district in which it is located.
(2) If two or
more lots with continuous frontage in a single ownership are of record
at the time of passage or amendment of this chapter, and if all or
part of the lots do not meet the requirements for lot width and area
established by this chapter, the lands involved shall be considered
an undivided parcel and no portion of such parcel shall be occupied
or sold which does not meet lot width and area requirements established
by this chapter.
[Amended 9-12-1978 by Ord. No. 154]
Structures existing in the Floodplain District prior to the enactment of this chapter, but which are not in compliance with its use regulations, may continue to remain provided that prior to any modification, alteration, reconstruction, repair or improvement a variance is obtained from the Zoning Hearing Board in accordance with §
425-86.