[Ord. 5/26/1987, § 1900]
A structure or lot, or part of a structure or lot which does
not comply with the applicable area, dimensional, parking, buffer,
environmental and all other provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure or lot lawfully
existed prior to enactment of such ordinance or amendment. Such nonconforming
structures include but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
[Ord. 5/26/1987, § 1901; as amended by Ord. 124,
7/18/1989, Art. 1]
Upon request by the Board of Supervisors or a property owner,
the Zoning Officer shall identify and register a nonconforming use,
structure or lot, together with the reasons why the Zoning Officer
identified each as a nonconformity.
[Ord. 5/26/1987, § 1902]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter then
at the time of such amendment, may be continued except as hereinafter
provided, although such use does not conform to the provision of this
chapter or subsequent amendments.
[Ord. 5/26/1987, § 1903; as amended by Ord. No. 303, 3/26/2024]
a.
A structure that does not conform with the dimensional, area, parking,
buffer, environmental, or other requirements of this chapter may be
expanded only if the expansion meets all the requirements of this
chapter and the extent of the nonconformity is not increased. A Use
B1, Single-Family Detached Dwelling, may be expanded by right along
the building lines of the existing nonconformity in keeping with all
applicable requirements of this chapter.
(1)
In the case of a nonconforming structure which is also used
for a nonconforming use, such expansion shall also meet the requirements
of Subsection (b) of this section.
b.
The physical expansion of the area in which a nonconforming use is
operated is permitted by special exception; provided, that:
(1)
The proposed expansion shall take place only upon the lot or
contiguous lots held in the same ownership as that existing at the
time the use became nonconforming. Permission to expand a nonconforming
use as described in this Part shall not be construed to mean that
new use or uses may be established. A nonconforming use shall be prohibited
from encroaching on another parcel of land subsequently added to the
original parcel.
(2)
The proposed expansion shall conform with the setback, yard,
area, dimensional, building height, parking, sign, environmental and
other requirements of the district in which said expansion is located.
(3)
Any proposed increase in building or floor area to be utilized
for a nonconforming use shall not exceed an aggregate of more than
50% of the existing building or existing floor area utilized for the
nonconforming use, whichever is less, as measured on the date the
use became nonconforming under this or previous ordinances, during
the life of the nonconformity, and in any event shall be permitted
only by special exception under the provisions of this chapter. Structures
or land uses that have reached their maximum expansion allowance under
previous ordinances are not eligible for any increase in building
or floor area under this chapter. A structure, which is nonconforming
in terms of height, shall not be extended to increase the height.
[Ord. 5/26/1987, § 1904]
A nonconforming building, or any building containing a nonconforming
use, wholly or partially destroyed by fire, explosion, floor or other
phenomenon, or legally condemned, may be reconstructed and used for
the same nonconforming use; provided, that reconstruction of the building
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.
[Ord. 5/26/1987, § 1905; as amended by Ord. No. 303, 3/26/2024]
a.
If a nonconforming use of a building or land is abandoned for a continuous
period of one year, subsequent use of such building or land shall
be in conformity with the provisions of this chapter. For the purpose
of this chapter, abandonment shall commence when the nonconforming
use ceases.
[Ord. 5/26/1987, § 1906]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under all of the
following conditions:
a.
Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
b.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
c.
The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
