"Nonconforming use" means a use, whether of
land or a building or structure, which does not comply with the applicable
use provisions of this chapter, or of any amendment to such chapter
hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
A. Continuation. Any lawful nonconforming use of land,
buildings, or structures, or parts thereof, may continue as it existed
prior to the effective date of this chapter or the amendment thereto
by which such use became a nonconforming use; provided, however, that
any such use shall otherwise be and remain in compliance with any
other applicable laws and regulations.
B. Discontinuance. Whenever a nonconforming use, in or
on the land, or within a building or structure or portion thereof,
has been discontinued for a continuous period of more than one year,
such discontinuance shall be deemed to be an abandonment of such nonconforming
use, and any subsequent use thereof shall conform to the applicable
provisions of this chapter or its amendments, and the prior nonconforming
use shall not thereafter be resumed.
C. Expansion or extension of nonconforming use by variance.
(1) No nonconforming use may be extended or expanded in
any building or structure, or in or on the lot on which it is located,
nor may any nonconforming use be moved to a different position upon
the lot on which it is located, so as to alter the use or its location
which existed at the time that the use became nonconforming. Any person
desiring to make any such change or alteration of a nonconforming
use shall apply for a variance from the provisions of this chapter
in accordance with applicable laws and ordinances, and any such change
or alteration in use shall be made only after authorization by the
Zoning Hearing Board and in accordance with such reasonable conditions
and safeguards as may be imposed by the Zoning Hearing Board, provided
that no variance may be applied for or obtained under this section
which would displace any residential use if the building, structure
or lot is located in a residential district.
(2) A variance may not be granted under this section that
would extend a nonconforming use beyond the area of a lot which was
in existence at the time such use became nonconforming.
D. Any religious and public education use, legally in
existence as of the amendment of June 26, 2002, to this chapter shall
be regulated by the following provisions:
(1) A building may be used, erected, expanded, or altered
for any of the following uses and no other:
(a)
Churches, chapels or other places of worship
and their adjunct residential dwellings.
(b)
Weekly religious education, daily preschool
and day-care purposes.
(d)
Religious institutions for the care of the aged
or children.
(e)
Noncommercial recreational facilities.
(f)
Public schools, primary and secondary.
(2) Development standards.
(a)
Minimum lot area: one acre.
(b)
Minimum front yard setback: 50 feet.
(c)
Minimum side yard setback: 40 feet.
(d)
Minimum rear yard setback: 40 feet.
(e)
Maximum building coverage: 25%.
(f)
Maximum impervious coverage: 35%.
(g)
Maximum building height: 40 feet (excluding
church steeples).
(h)
Maximum number of stories: three.
"Nonconforming building and structure" means
a building, structure or part thereof manifestly not designed to comply
with the applicable dimensional and performance provisions of this
chapter or of any amendment to this chapter hereafter enacted, where
such building or structure lawfully existed prior to the enactment
of this chapter or amendment.
A. Continuation. Any lawful nonconforming building or
structure may remain as it existed prior to the effective date of
this chapter or any amendment thereto by which such building or structure
became nonconforming.
B. Expansion or extension of nonconforming buildings
or structures by special exception. A nonconforming building or structure
may not be expanded, extended or increased in size in any manner except
pursuant to a special exception obtained from the Zoning Hearing Board,
which exception shall not be granted if the expansion will be detrimental
to the public health, welfare and safety, or will increase the use
nonconformity.
C. Repairs, renovation and modernization of nonconforming
building and structure. Repairs, renovation and modernization of nonconforming
buildings or structures shall be permitted notwithstanding other provisions
of this chapter, provided that such repairs, renovations or modernization
do not change or alter substantially the physical configuration of
the nonconforming building or structure, or change its position on
the ground; and provided further that no increase in the size of or
area covered by the said nonconforming building or structure nor any
extension or expansion of the nonconforming use or area of such use
within the building or structure in or on the lot where such nonconforming
use is located shall be permitted or authorized by this section; also
provided, further, that areas of nonconforming use within a building
or structure may be rearranged in connection with such repairs, renovation
or modernization if there is not thereby an enlargement or expansion
of the nonconforming use within said building or structure.
D. Reconstruction of nonconforming use, building or structure.
In the event that any nonconforming building or structure is destroyed
to a degree of less than 50% by fire, explosion or other causes, such
nonconforming use, building or structure may be reconstructed and
the nonconforming use thereof continued if such reconstruction is
commenced within six months of the date of the destruction or damage
thereto and is pursued diligently to completion; provided, however,
that in such reconstruction the said building or structure shall not
exceed the size of the nonconforming building or structure destroyed
or damaged, and shall be placed in the same location on the ground
as the nonconforming use, building or structure destroyed or damaged,
and the nonconforming use thereof shall not differ from that existing
prior to such damage or destruction. If reconstruction does not commence
within six months after the occurrence of the damage or destruction,
or is not thereafter diligently completed, then any further use, buildings
or structures on the lot shall be in conformity with the provisions
of this chapter. If the destruction exceeds 50%, the right to the
nonconformity shall expire and the remains shall be removed from the
premises within six months.
Any sign which was lawfully in existence prior
to the effective date of this chapter or of any amendments to such
chapter heretofore or hereafter enacted, including this chapter, and
which did not conform to or comply with the provisions of the said
chapter or its amendments at the time of their enactment, shall be
a nonconforming sign to the extent of such nonconformance or noncompliance.
A. Alteration or moving. 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 altered or increased or its structure
or construction altered or changed.
B. Damage or destruction. Whenever any nonconforming
sign has been damaged or destroyed by any means to the extent of 50%
of its market value at the time of the destruction or damage, such
sign shall not be restored or replaced, unless it conforms to all
provisions of this chapter.
C. Discontinuance. Whenever any nonconforming sign is
accessory to a nonconforming use of a building, structure or land
and such nonconforming use of the building, structure or land is discontinued
for a continuous period of more than six months, then such nonconforming
sign shall be removed within six months from the end of the aforesaid
six-month period, and the use of signs upon such building, structure
or land shall not be resumed except in accordance with the provisions
of this chapter.