A nonconforming lot, structure or use is the
lawful employment or occupancy of a land area, building or structure
which was in existence prior to the enactment of this chapter and
all amendments thereto, but does not comply with the present provisions
of this chapter or amendments hereafter enacted.
Where, at the effective date of adoption or
amendment of this chapter, a lawful use of a lot exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued as long as it remains otherwise
lawful, subject to the following provisions:
A. No nonconforming use of a lot shall be moved in whole
or in part to any other portion of the lot occupied by such use at
the effective date of adoption or amendment of this chapter.
B. No nonconforming use of a lot shall be changed to
another type of nonconforming use unless such new use is considered
by the Zoning Hearing Board to be less nonconforming than the original
use.
C. No nonresidential nonconforming use of a lot shall be enlarged or increased or extended to occupy a greater area of a lot than was occupied at the effective date of adoption or amendment of this chapter, unless a special exception shall be obtained through action of the Zoning Hearing Board as provided for by §
195-157.1, Uses by special exception, and subject to the following:
(1) The extension does not encroach upon the lot area
requirements, minimum setbacks, zoning or land development requirements
of the district in which the nonconforming use is presently located.
(2) The extension is for the purpose of expanding the
nonconforming use which was in existence at the time of the adoption
of this chapter.
(3) Such extension does not result in an increase in total
lot use area of more than 50% of the original lot use area.
(4) The extension is in the discretion of the Zoning Hearing
Board interpreted to be necessary by the natural expansion and growth
of trade of the nonconforming use.
(5) Adequate parking can be provided in conformance with
this chapter to serve both the original and expanded use.
(6) Such expansion does not present a threat to the health
or safety of the community or its residents.
D. A residential nonconforming use of a lot located within a commercial or other nonresidential zoning district may be enlarged or increased or extended to occupy a greater area of the lot than was occupied at the effective date of adoption or amendment of this chapter, subject to compliance with the yard requirements of Article
VI, R-2 Agricultural Residential District.
Where, at the effective date of adoption or
amendment of this chapter, a lawful use of a structure, or of a structure
and lot in combination, exists that is made no longer permissible
in the Zoning District under the terms of this chapter as enacted
or amended, such use may be continued as long as it remains otherwise
lawful, subject to the following provisions:
A. No nonconforming use of a structure, or of a structure
and lot in combination, shall be changed to another type of nonconforming
use unless such new use is considered by the Zoning Hearing Board
to be less nonconforming than the original use.
B. A nonconforming use of a structure may be extended
throughout any part of a structure that was manifestly arranged or
designed for such use at the time of adoption or amendment of this
chapter, but no such use shall be extended to occupy any lot or portion
of a lot outside such structure.
C. No nonconforming use of a structure, or of a structure and lot in combination, shall be enlarged, extended, constructed, reconstructed or moved unless a special exception shall be obtained through action of the Zoning Hearing Board as provided for by §
195-157.1, Uses by special exception, and subject to the following:
(1) The extension does not encroach upon the lot area
requirements, minimum setbacks, the maximum building height requirements
or other zoning and land development requirements of the district
in which the nonconforming use is presently located.
(2) The extension is for the purpose of expanding the
nonconforming use which was in existence at the time of the adoption
of this chapter.
(3) Such extension does not result in an increase in total
floor area or lot use area of more than 50% of the original floor
area or lot area.
(4) Adequate parking can be provided in conformance with
this chapter to serve both the original and expanded use.
(5) Such expansion does not present a threat to the health
or safety of the community or its residents.
D. Nothing in this section shall prevent the strengthening
or restoring to a safe condition of any portion of a building declared
unsafe by a proper authority.
The Zoning Officer shall prepare a list registering
all nonconforming uses, lots or structures existing at the time of
the legal enactment of this chapter. Said list shall include a general
description of the nature and extent of the nonconformity and may
include photographs as documentation. Further, said list shall be
maintained for public use and information.