The use of a building, structure, sign, or land existing and lawful at the time of adoption of this chapter, or at the time of amendment to this chapter, may be continued, except as provided below, although the use does not conform to the provisions of this chapter or later amendments.
A.
When a lot is sold to a new owner, a previously lawful nonconforming use, structure, or sign may be continued to be used by the new owner.
B.
When a nonconforming use, except agricultural or residential uses, is transferred to a new owner, the new owner shall certify to the Zoning Officer that the level of nonconformity shall not increase or change.
A.
When a nonconforming use has been discontinued or abandoned for a period of one year, the use shall not be reestablished. Any future use shall be in conformity with the provisions of this chapter.
A structure, sign, or use of land which does not conform to this chapter or later amendments shall not be altered, extended, changed, reconstructed, nor enlarged, except in accordance with the following provisions:
A.
A structure that does not conform with dimensional requirements may be enlarged by right, along and within the building lines of the existing nonconformity to square off the four corners of the building lines provided:
B.
A use that does not conform to the use requirements of the district in which it is located may be enlarged by special exception provided the proposed enlargement 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 enlarge a nonconforming use shall not be construed to mean that a new use may be established. Conditions relating to layout, environmental impact, traffic circulation, buffering and performance may be imposed to protect the community and to lessen the impact. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel. A nonconforming use may be enlarged only if the enlargement meets all other requirements of this chapter, including the requirements of § 450-903C.
C.
A structure or a use of land which does not conform to this chapter shall not be altered, reconstructed, extended, nor enlarged, unless:
(1)
The proposed enlargement, with the exception of the requirement causing the nonconformity, shall conform to all other requirements of the district in which the enlargement is located, including height and dimensional standards, front, side and rear yard setbacks, parking, and buffer standards;
(2)
Any increase in building or floor area shall not exceed an aggregate of more than 25% of the building or floor area, whichever is less, which was existing at the time that the use or structure became nonconforming under this chapter or any previous ordinance, including the Zoning Ordinances of 1966 and 1976, and 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 this chapter or previous ordinances are not eligible for any increase in building or floor area under this chapter; and
(3)
A structure which is nonconforming in terms of height shall not be enlarged to increase the height and shall meet the height requirements for its district.
No structure or sign which has been razed, legally condemned, or has been damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed, or used, except in conformity with the regulations of this chapter. Structures and signs with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired, or used for the same nonconforming use, subject to the following provisions:
Once changed to a conforming use, no structure, sign, or land shall revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
B.
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where the nonconforming use is located; and
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
A conforming building may be erected or altered on any lot held at adoption of this chapter in single or separate ownership which is not of the required minimum area or width provided:
A.
Plans for proposed single family detached dwellings in the R-2 District may be approved by the Zoning Officer if the lot size is more than 75% of the minimum lot size required by Table 450-603, and provided approvals and permits are obtained for water, sewer, utilities, and curb cuts.
B.
Plans for all other proposed buildings shall be approved by the Zoning Hearing Board as a variance.
When the boundaries of a district are changed to transfer an area to a district of a different classification, the foregoing provisions shall apply to any created nonconforming uses or structures.
All nonconforming uses and structures shall conform to the general performance standards and to those performance standards established for the district in which that use or structure would be properly located.
The Zoning Officer may provide for the registration of all uses and structures which are nonconforming under the terms of this chapter. The record of nonconformity shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. Upon notification to the Zoning Officer, each occupant or owner of land used or suspected to be used for nonconforming purposes or nonconforming structure shall make available within 60 days such information as may be necessary to determine the extent and nature of the nonconforming use or structure.