The purpose of this article is to regulate nonconforming uses,
nonconforming buildings and structures, nonconforming lots and nonconforming
signs. This section is designed to guide the future use of the Municipality's
land by encouraging the development of desirable residential, commercial
and other uses with appropriate groupings of compatible and related
uses to promote and protect the public health, safety and general
welfare. The regulations of this article are intended to restrict
further investments that would make nonconformities more permanent
in their location in inappropriate districts as well as to afford
opportunities for creative use and reuse of those other nonconformities
that contribute to a neighborhood and are consistent with the goals
of the Comprehensive Plan.
The following regulations shall apply to all nonconforming lots,
as defined by this chapter, in any zoning district:
A.
Where two or more adjacent lots of record with continuous frontage
have less than the required area and width and are held by one owner,
the lots shall be considered to be an undivided lot for the purpose
of complying with this article. No division of any lot shall be made
which does not comply with the requirements of this article. Any change
in lot lines necessary to meet the minimum requirements of this article
shall constitute a revision to the recorded plan and shall meet all
applicable requirements of the Subdivision and Land Development Ordinance;[1]
B.
Any lot of record existing at the effective date of this chapter
and held in separate ownership different from the ownership of adjoining
lots shall be developed in accordance with the requirements of the
zoning district of the lot of record;
C.
Any nonconforming lot of record existing at the effective date of
this chapter and then held in separate ownership different from the
ownership of adjoining lots shall be exempt from the minimum lot area,
depth and width requirements provided they are used in accordance
with minimum yard requirements, and that uses other than a one family
house conform to minimum lot area per family and floor area ratio
requirements of this chapter;
D.
Where structures exist on adjacent nonconforming lots of record which
have front yards less than the minimum depth required, the minimum
front yard for an adjacent undeveloped nonconforming lot of record
shall be the average depth of the nonconforming front yards of the
adjacent developed nonconforming lots which are in the same block
on the same side of the street and in the same recorded plan as the
undeveloped lot. All accessory structures shall be located in compliance
with provisions of this chapter;
E.
A "certificate of nonconformity" must be obtained by the owner of
any nonconforming lot as evidence that the lot lawfully existed prior
to the adoption of the provision which made the lot nonconforming.
A.
The following provisions shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts:
(1)
Continuation. A nonconforming structure may be sold or otherwise
transferred to other owners and the nonconforming status may be continued;
(2)
Structural alteration. No such structure shall be enlarged or
structurally altered in a way that increases its nonconformity, including
off-street parking;
(3)
Damage and destruction. Any nonconforming structure which has
been partially or completely damaged or destroyed by fire, other accident
or act of God may be rebuilt or repaired on its existing foundation
even though such foundation may violate the setback requirements of
the zoning district in which the structure is located when permitted
as a special exception by the Zoning Hearing Board, provided that
the repair, reconstruction and reoccupancy of the structure is initiated
and completed within one year of the date of such causality, and if
the restored structure has no greater coverage and contains no greater
cubic content than before such casualty;
(4)
Moving. Should a nonconforming structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
of the zoning district in which it is located;
(5)
Where nonconforming status applies to both the use and structure
on the lot, removal or destruction of the nonconforming structure
shall eliminate the nonconforming use on the lot;
(6)
A nonconforming structure used or occupied by a permitted use may be enlarged or expanded when permitted as a special exception by the Zoning Hearing Board if the expansion, considered independently of the original structure, complies with this section, § 359-42B and the off-street parking requirements in Article IX, Off-Street Parking and Loading; and such expansion otherwise conforms to all requirements of this chapter;
(7)
A nonconforming single-family residential structure, which is not in compliance with this chapter solely for the reason of an inadequate rear or side yard dimension, and provided that the nonconforming structure is used or occupied by a permitted use and located in a S or R Zoning District, may be enlarged or expanded with the approval of the Zoning Officer, provided that the side or rear yard distance of the proposed expansion to the structure is not less than the side or rear yard distance of the existing nonconforming structure, used or occupied by a permitted use and located in any S or R Zoning District. The structure may be enlarged or expanded when permitted by variance of the Zoning Hearing Board, if the expansion, considered independent of the original structure, complies with the regulations in Article IX, Off-Street Parking and Loading, and such expansion otherwise conforms to all requirements of this chapter;
(8)
When any nonconforming use or structure located in a floodplain
is expanded, reconstructed or otherwise modified to an extent amounting
to 50% or less of its market value, it shall be floodproofed and elevated
to the greatest extent practicable;
(9)
No nonconforming use or structure located in a floodplain shall
be expanded, reconstructed or otherwise modified to an extent amounting
to more than 50% of its market value except in full compliance with
the floodproofing standards of this chapter;
(10)
No nonconforming use or structure located in a floodway shall
be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements;
and
(11)
A certificate of nonconformity must be obtained by the owner
of any nonconforming structure as evidence that the structure lawfully
existed prior to the adoption of the provision which made the structure
nonconforming.
B.
Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided
that no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 50% of its replacement cost at
the time of destruction shall not be reconstructed except in conformity
with the provision of this article;
(2)
Signs which are nonconforming because of flashing lights or
intermittent illumination shall be brought into compliance within
30 days of the effective date of this chapter;
(3)
Nonconforming signs may not be enlarged, added to or replaced
by another nonconforming sign, use or structure;
(4)
A nonconforming sign of any type shall not be moved to another
position or location upon the building, structure or lot on which
it is located, nor shall the size or area of such nonconforming sign
be changed, or its structure or construction changed; and
(5)
Discontinuance. If use of a nonconforming sign is discontinued
for a continuous period of more than one year, then such nonconforming
sign together with its panel cabinet, supports, braces, anchors, and
electrical equipment shall be removed within 14 days from the end
of the aforesaid one-year period and the use of such sign shall not
be resumed except in accordance with the provisions of this chapter.
The following provisions shall apply to all nonconforming uses:
A.
Continuation and change. A nonconforming use may be sold or otherwise
transferred to other owners and may be continued, but shall not be
changed in use unless to a conforming use.
B.
Enlargement or expansion.
(1)
A nonconforming use may be expanded or enlarged upon approval as a special exception by the Zoning Hearing Board and subject to the general criteria set forth in § 359-142; and compliance with the following criteria:
(a)
The extension becomes an attached part of the main structure
and does not utilize additional or adjoining land area other than
the original parcel;
(b)
The new use will more closely correspond to the uses permitted
in the district;
(c)
The changed use will be in keeping with the character of the
neighborhood in which it is located;
(d)
The extension does not encroach upon the lot area requirements
and the maximum building height and other dimensional requirements
of the zoning district in which the nonconforming use is presently
located;
(e)
The extension is for the purpose of expanding the nonconforming
use in existence at the time of the adoption of this chapter or amendment
thereto which caused the use to become nonconforming;
(f)
Such extension does not result in an increase in total floor
area or lot use area of more than 50% of the floor area or lot area
as the same existed at the time of adoption of this chapter or amendment
thereto which caused the use to become nonconforming;
(g)
Off-street parking, as required in Article IX, Off-Street Parking and Loading, shall be provided as to the enlarged portion; and
(h)
Such expansion does not present a threat to the health or safety
of the community or its residents.
(2)
This subsection shall not apply to signs. Refer to Article X, Signs.
(a)
Damage and reconstruction. Any structure housing a nonconforming
use damaged by fire, flood, explosion or other casualty to an extent
of no more than 50% of the replacement value at the time of such casualty
may be reconstructed and used as before when permitted as a special
exception by the Zoning Hearing Board, if such reconstruction is performed
within 12 months of such casualty, and if the restored structure has
no greater coverage and contains no greater cubic content than before
such casualty;
(b)
Abandonment. In the event that any nonconforming use conducted
in a structure or on a lot is abandoned for a period of 12 consecutive
months or longer, such nonconforming use shall be deemed to be abandoned
and shall not be resumed. Once the nonconforming use is abandoned,
the building or structure and/or lot shall not be used except in conformance
with the regulations of the zoning district in which it is located.
(3)
A certificate of nonconformity must be obtained by the owner
of any nonconforming use as evidence that the use lawfully existed
prior to the adoption of the provision which made the use nonconforming.
A.
Subject to the provisions of this article, a nonconforming lot, nonconforming
structure or nonconforming use may be continued even though such does
not conform to 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 lots, structures or uses existing at the
time of the passage of this chapter, its predecessors or amendments
thereto, and which may come to exist in the future;
B.
A certificate of nonconformity must be obtained by the owner of any
nonconforming use as evidence that the use lawfully existed prior
to the adoption of the provision which made the use nonconforming;
and
C.
A nonconforming use may be continued; however, it shall not be extended,
expanded, or changed unless to a conforming use, except when permitted
as a special exception by the Zoning Hearing Board in accordance with
the following:
A.
In the event that any nonconforming use or a building or structure
containing a nonconforming use, in or on the land, or within a building
or structure or portion thereof, is abandoned or ceases, such nonconforming
use shall not be resumed. A nonconforming use shall be presumed abandoned
when one of the following conditions exists:
(1)
When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within one year unless other facts show intention
to resume the nonconforming use;
(2)
When a nonconforming use has been discontinued for a period
of one year;
(3)
When a nonconforming use has been replaced by a conforming use;
and
(4)
When a nonconforming use has been changed in accordance with
this part;
B.
Any subsequent use thereof shall conform to the applicable provisions
of this chapter or its amendments and the prior nonconforming use
shall not be resumed, unless in accordance with the applicable provisions
of this chapter or its amendments;
C.
Nothing in this article shall prevent the strengthening or restoring
to a safe condition of any portion of a building that is declared
unsafe by a proper authority;
D.
Nothing in this article shall be interpreted as authorization for
the continuation of the illegal use of a structure or premises or
construction of a structure or building in violation of zoning regulations
in existence at the time of enactment of this article; and
E.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use shall continue
after such principal use or structure has been abandoned or removed,
unless it shall thereafter conform to all the regulations of the zoning
district in which it is located.
