[Amended 11-10-2014 by Ord. No. 852]
A. Any landscaped part of a commercial, industrial, institutional
or apartment lot shall be kept free of debris, rubbish and noxious
weeds.
B. Any landscaping on any commercial, industrial, institutional
or apartment lot that dies, is removed, or is severely damaged shall
be replaced by the current property owner when practical considering
growing seasons, within a maximum of 120 days.
(Note: See also Chapter
190, Subdivision and Land Development, if a new lot is created, lot lines are changed or land development approval is needed.)
A. Proof and registration of nonconformities. It shall
be the responsibility of, with the burden of proof upon, a party asserting
a nonconformity to provide the evidence that it is lawful. A property
owner may request a written statement of nonconformity from the Zoning
Officer after providing sufficient evidence.
B. Continuation. A lawful nonconforming use, structure
or lot as defined by this chapter may be continued and may be sold
and continued by new owners. Any expansion of, construction upon or
change in use of a nonconformity shall only occur in conformance with
this section.
C. Expansion of or construction upon nonconformities.
(1) Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded provided:
[1]
That such action will not increase the severity
or amount of the nonconformity (such as the area of the building extending
into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the
applicable setbacks in that district and other requirements of this
chapter.
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If
an existing building has a lawfully nonconforming side or rear building
setback, additions may occur to increase the height above such setback
or to extend other portions of the building out to the nonconforming
side or rear setback line, provided that:
[1]
The structure shall not be extended beyond the
existing nonconforming setback line;
[2]
No additional nonconformity is created;
[3]
The new nonconforming extension is not greater
than 25% of the existing floor area;
[4]
All other requirements of this chapter shall
be met; and
[5]
Such additions shall not be permitted for a
nonresidential building that abuts an existing primarily residential
use.
(2) Nonconforming lots.
(a)
Permitted construction on a nonconforming lot.
New permitted structures for a single permitted by right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record as a permitted by right
use if minimum setback requirements are met.
(b)
Lot width. The fact that an existing lawful
lot of record does not meet the minimum lot width requirements of
this chapter shall not by itself cause such lot to be considered to
be a nonconforming lot.
(3) Expansion of a nonconforming nonresidential use. A
nonconforming use or a building used by a nonconforming use shall
not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article
I.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use, or the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 25% beyond
what existed in the nonconforming use at the time the use first became
nonconforming. The above maximum increase shall be measured in aggregate
over the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this chapter, unless
the Zoning Hearing Board grants a variance.
(4) Expansion of a nonconforming residential use. An existing
nonconforming residential use may be expanded as a permitted by right
use provided that: the number of dwelling units or rooming house units
are not increased; the expansion meets all applicable setbacks; no
new types of nonconformities are created; and a nonconformity is not
made more severe.
(5) Nonconforming sign. The provisions of this chapter
shall not be interpreted to provide a right to expand or extend a
nonconforming sign. Instead, any expansions or extensions of a nonconforming
sign shall comply with this chapter.
D. Damaged or destroyed nonconformities. A nonconforming
structure that has been destroyed or damaged may be rebuilt in a nonconforming
fashion only if: the application for a building permit is submitted
within 18 months after the date of damage or destruction; work begins
in earnest within 12 months afterwards and continues; and no nonconformity
may be created or increased by any reconstruction. The property shall
be properly secured during such time in such a way to keep out trespassers
and to avoid harm to neighboring properties.
E. Abandonment of a nonconformity.
(1) If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except:
(a)
As provided for in Subsection
D, Damaged or destroyed nonconformities, of this section.
(b)
The applicant shall be responsible to provide
evidence that the nonconformity was not abandoned.
(c)
An existing lawful separate dwelling unit may
be unrented for any period of time without being considered abandoned
under this chapter.
F. Changes from one nonconforming use to another.
(1) Once changed to a conforming use, a structure or land
shall not revert to a nonconforming use.
(2) A nonconforming use may be changed to a different
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board. However, special exception approval is not needed
for a simple change within an existing building from one lawful nonconforming
retail store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3) Where special exception approval is required for a
change of a nonconforming use, the Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck
traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close
to dwellings; and
(e)
Compatibility with the character of the surrounding
area.
(4) A nonconforming use shall not be changed to a nonconforming
adult use.
G. District changes. Any uses, structures or lots that
become nonconforming because of a zoning district change shall be
regulated under this section on nonconformities.