[Amended 3-14-1977 by Ord. No. 88; 4-12-2010 by Ord. No. 367]
Any land, the existing lawful use of which at the time of passage
of this chapter or any amendments thereto that does not conform to
the use regulations of the zoning district in which it is located,
shall have such use considered to be a nonconforming use, which may
continue on such land subject to the regulations herein below.
Any lot the area or dimensions of which were lawful at the time
of creation of the lot and prior to the passage of this chapter or
any amendments thereto, but which fails to conform to the present
dimensional requirements of the district in which it is located by
reason of such passage or amendment, shall be considered a nonconforming
lot. Such a lot may be developed or used for any permitted purpose
allowed in the zoning district in which it is located, provided all
other regulations of that district are adhered to.
Any lawful use of any building which at the time of passage
of this chapter or any amendments thereto which does not conform to
the use regulations of the zoning district in which it is located
shall have such use considered to be a nonconforming use, which may
continue in such building subject to the regulations herein below.
Any lawful building existing at the time of passage of this
chapter or any amendment thereto which does not conform to the dimensional
requirements, including but not limited to height, location as to
required yards, size and coverage regulations of the zoning district
in which it is located, shall have such building considered to be
a nonconforming building which may remain as such subject to the regulations
herein below.
A nonconforming use of a building or land shall be considered
as such unless and until the use is changed to a use that complies
with the regulations of the zoning district in which it is located.
A nonconforming use shall not be changed to any other nonconforming
use except upon the granting of a variance from the Zoning Hearing
Board.
A nonconforming use of a building or land may be discontinued
and resumed at a later date. The abandonment of a nonconforming use
shall result in the loss of the nonconforming status of that use of
the building or land, and, thereafter, the building or land shall
be used in strict conformity with the use regulations of the zoning
district in which it is located.
By special exception, the lawful nonconforming use of land may
be expanded so long as that expansion does not exceed 25% of the gross
area of the lot devoted to the nonconforming use on the date when
such use first became nonconforming. In no case may a nonconforming
use of land be extended beyond the original lot lines of the property.
A.
By special exception, any lawful nonconforming use of a portion of
a building may be extended throughout the building provided the extension
does not result in the violation of the parking, or any other, regulations
of this chapter.
B.
By special exception, any lawful nonconforming use of a building
may be extended one time upon the original lot, provided that the
area of such extension shall not be greater than 25% of the area of
the original nonconforming building, and, provided further, that the
extension shall conform to all requirements of the zoning district
in which the building is located and all other applicable requirements
of this chapter.
C.
A building or structure which is nonconforming as to the side or
rear yard setback requirement in this Zoning Code may be extended
(even though such extension would also be nonconforming as to the
pertinent setback requirement), provided that the extension does not
involve any further incursion into the setback being violated, does
not violate any other setback requirement, is for a single-family
residential use and does not increase the gross size of the building
by more than 25%.
If a building containing a nonconforming use is damaged or destroyed
by fire, explosion, accident or other casualty, it may be reconstructed
and used for the same nonconforming use, provided that the reconstructed
building shall not exceed in height, area or volume the building destroyed;
nor shall the reconstructed building permit a greater intensity of
nonconforming use than existed before the damage or destruction and
carried on without interruption; there shall be a presumption of abandonment
of the nonconforming use, subject to rebuttal by the property owner
using clear and convincing evidence.
A nonconforming building which has been legally condemned shall
not be rebuilt or otherwise used except in complete accordance with
the provisions of this chapter.
Any sign which is nonconforming by virtue of having been lawfully
in existence prior to the passage of this chapter or any amendment
thereto shall be considered a nonconforming sign and may continue
as such, provided there is no change of any kind to the sign. Any
change shall result in the loss of the nonconforming status, the requirement
for its removal and requirement that any replacement sign shall conform
with all requirements of this chapter.
