[Ord. 3/13/1995; as amended by Ord. 2011-01, 1/3/2011]
1.
Any nonconforming use or structure legally existing under prior zoning ordinances at the time of adoption of this Chapter or which is created whenever a district is changed by amendment hereafter, may be continued, altered, reconstructed, changed, sold, or maintained even though it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this Chapter to permit these nonconformities to continue until they are removed, discontinued, or abandoned. (For nonconforming lots, See §27-1202.)
A.
General
Application of Provisions. Nothing herein shall require any change
in plans, construction, or designated use of a building or structure
which complies with existing laws or for which a permit was granted
and/or where the construction shall have started before the date of
adoption of this Chapter or applicable amendment thereto.
B.
Abandonment.
If any nonconforming use or structure occupied by a nonconforming
use is abandoned for a period of one year, the future use of such
building or land shall be in conformity with the district regulations.
A nonconforming use shall be judged to be abandoned when there occurs
a cessation of any such use or activity by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
a period of one year from the date of cessation or discontinuance.
C.
Repairs
and Reconstruction.
(1)
Exterior repairs, nonstructural alterations, and other general maintenance
adjustments may be made to a nonconforming building or structure or
a building or structure occupied by a nonconforming use.
(2)
A nonconforming building or structure or a building or structure
occupied by a nonconforming use which is damaged by fire, flood or
other natural causes may be reconstructed, restored and used as before
provided that:
(a)
Said reconstruction commences within one year of the damage.
(b)
Said reconstruction shall not exceed the size, bulk, height and area
that existed prior to the damage, unless approved by the Zoning Hearing
Board.
(c)
The location of said reconstruction does not create a safety hazard.
(d)
Where the nonconformity is located in a Flood Fringe or General Floodplain District, the new construction shall comply, to the greatest extent possible, with all of the floodproofing requirements contained in §27-903 of this Chapter.
(e)
Where the nonconformity is located in a Floodway District, such nonconformity
may only be reconstructed, replaced and used as before provided that:
D.
Extensions
and Enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout
the interior of the building provided that no structural alterations
are made therein.
(2)
Interior structural alterations proposed for a building or structure
occupied by a nonconforming use shall require a zoning permit and
shall be authorized by the Zoning Officer.
(3)
Exterior structural alterations proposed to extend a nonconforming
use may be authorized provided that:
(a)
The extensions or enlargements do not extend the structure or use
by an aggregate total of more than 50% of the area occupied by such
use at the time the use became nonconforming.
(b)
The extension or enlargement shall conform to the yard, height, off
street parking and other requirements of the district in which the
structure or use is located.
(c)
The extension is not located in a Floodway District.
(d)
In the case of a nonconforming use, the extension is located immediately
adjacent to and on the same lot as the existing nonconforming use.
(e)
The Zoning Hearing Board approves such proposed extension or enlargement.
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In reviewing applications for extensions or enlargements, the
Zoning Hearing Board shall give due consideration to the welfare of
the community in its entirety and may attach such reasonable conditions
and safeguards as they deem appropriate to implement the purposes
of this Chapter.
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(4)
For nonconforming uses where normal operations involve natural expansion
(i.e., quarries, junkyards, cemeteries, etc.) expansion shall be permitted
by right up to 25% of the volume or area of the nonconformity which
existed at the effective date of this Chapter. For expansion beyond
25%, approval must be obtained from the Zoning Hearing Board.
(5)
A nonconforming use shall not be extended to displace a conforming
use, unless authorized by the Zoning Hearing Board.
E.
Change
of Use. A nonconforming use of a building, structure or land may be
changed to a nonconforming use of the same or a more restricted classification,
subject to the following conditions. (Whenever a nonconforming use
has been changed to a conforming use, such use shall not thereafter
be changed back to a nonconforming use.)
F.
Application
to Agricultural Structures. The regulations governing nonconformities
set forth in this Part shall not apply to agricultural structures
when such structures are part of an active agricultural use. An active
farm situated in a zone where agricultural activities become nonconforming
as a result of adoption of this Chapter shall also be exempt from
these provisions. It is not the intent of these regulations to create
hardships for ongoing agricultural activities. However, should the
nonconforming agricultural use be discontinued or abandoned, any buildings
or structures damaged or destroyed thereafter shall be subject to
the regulations governing nonconformities set forth in this Part.
[Ord. 3/13/1995]
1.
Any nonconforming
lot legally existing at the time of the adoption of this Chapter,
or which is created whenever a district is changed by amendment hereafter,
may be continued and/or maintained even though it does not conform
to the regulations of the district in which it is located. It is not
the intent of this Chapter to be overly restrictive or to cause a
hardship for any property owner, but rather to allow these nonconforming
lots to continue until they are eliminated as single entities, possibly
through the addition of such lots to adjacent property.
A.
Discontinuance/Lot
Changes. Any nonconforming lot which is discontinued or becomes conforming
through its addition to adjacent land, shall not hereafter be changed
back to a nonconforming lot.
B.
Existing
Lots of Record. In the case of a lot of record which existed at the
effective date of this Chapter which does not meet the minimum area
requirements for the district in which it is located, a permitted
structure may be placed on the parcel provided that:
(1)
Each side yard is not less than five feet when adjoining another
lot and 10 feet when adjacent to any street right-of-way line.
(2)
The rear yard is not less than 10 feet.
(3)
The front yard conforms to the minimum distance required.
(4)
Where needed, the site has an approved sewage disposal system or
an appropriate sewage permit.
(5)
Provided that the site and its intended use complies with all other
applicable provisions of this Chapter.
