[Amended 8-4-1982 by Ord. No. 82-8; 12-26-1990 by Ord. No. 90-13; 12-4-1996 by Ord. No. 96-8]
The lawful use of a building or land existing
on the effective date of this chapter or any pertinent amendment thereto,
or authorized by a building permit issued prior thereto, may be continued
although such use does not conform to the regulations of the district
in which the property is located, but shall be subject to the provisions
of this article governing nonconforming uses.
A nonconforming use may be expanded or extended
when authorized by the Zoning Board as a special exception, subject
to the following limitations:
A.Â
Any such expansion or extension shall be limited to
the lot on which the use is located, as that lot was defined when
the use became nonconforming.
B.Â
The total of all increases in the area devoted to
the use shall not exceed 25% of the area devoted to the use on the
date the use became nonconforming. The term "area devoted to the use"
means the total floor area and, for any portions of the use not conducted
within a building, the lot area actually and physically utilized in
connection with the nonconforming use.
C.Â
Any such extension or expansion of the nonconforming use shall conform to the signage, parking, floodplain, height, yard, setback, buffer and coverage requirements of the district in which it will be located or the district where the use would normally be permitted, whichever is more restrictive, as well as the general regulations set forth in Article V hereof.
A nonconforming use may not be changed to any
use except one which is permitted in the zoning district in which
the property is located. Any such change of a nonconforming use shall
involve the complete elimination of the former use by the changed
use. An additional or different nonconforming use may not be added
to and will not be deemed accessory or incidental to an existing nonconforming
use.
A nonconforming use, when discontinued, may
be resumed at any time within one year from such discontinued date.
The discontinuance of a nonconforming use for a period of time in
excess of one year shall raise a rebuttable presumption that the nonconforming
use has been abandoned, and such nonconforming use may not be resumed
unless the presumption of abandonment is rebutted to the satisfaction
of the Zoning Hearing Board.
[Amended 6-2-2004 by Ord. No. 2004-3]
A.Â
A building nonconforming as to some dimensional or
locational requirement of this chapter (e.g., height, setback, coverage,
etc.) which has been damaged by fire or other casualty to an extent
greater than 50% of its value may be reconstructed only in a manner
entirely consistent with the requirements of this chapter, unless
such reconstruction is not reasonably possible under such requirements
in the opinion of the Zoning Officer.
B.Â
A building nonconforming as to some dimensional or
locational requirements of this chapter (e.g., height, setback, coverage,
etc.) which has been damaged by fire or other casualty to an extent
less than 50% of its value may be reconstructed on its existing foundation,
provided that:
(1)Â
The reconstructed building shall not exceed the height,
area or volume of the building which had been damaged or destroyed.
(2)Â
Building reconstruction shall be commenced within
one year from the date the building was destroyed or damaged, unless
the Zoning Hearing Board shall authorize as a special exception an
extension of this time limit and the reconstruction shall be carried
on without interruption.
C.Â
A building in which a nonconforming use exists and
which building has been damaged or destroyed by fire or other cause
may be reconstructed and used for the same nonconforming use, provided
that the area of the building devoted to the nonconforming use may
not be increased.
D.Â
A single-family residential structure that does not
conform with the setback, yard, building height, or other dimensional
regulations of the district in which it is located may be extended
along the existing nonconforming building line, provided that:
[Amended 11-1-2023 by Ord. No. 2023-04]
(1)Â
The
extension or addition shall be immediately adjoining the existing
nonconforming structure;
(2)Â
The
extension or addition is no closer to the side, rear, or front property
line than the existing nonconforming structure; and
(3)Â
The
lot (including the proposed extension or addition) complies with the
building coverage and impervious coverage requirements applicable
to that lot in that zoning district.
E.Â
A nonresidential structure that does not conform with
the setback, yard, building height, or other dimensional regulations
of the district in which it is located may be extended along the existing
nonconforming building line by special exception, provided that:
[Amended 11-1-2023 by Ord. No. 2023-04]
(1)Â
The
extension or addition is no closer to the side, rear, or front property
line than the structure;
(2)Â
The
extension or addition does not increase the gross floor area of the
building more than 25%; and
(3)Â
The
extension or addition complies with the building coverage and impervious
coverage requirements applicable to the lot.
A nonconforming building which has been legally
condemned shall not be rebuilt or used except in accordance with the
provisions of this chapter.
A temporary nonconforming use which will benefit
the public health or welfare or promote proper development of a district
in conformity with the intent of this chapter may be permitted for
a period of not more than one month, on the approval of the Zoning
Hearing Board, but any such use to be permitted for a longer period
shall require a public hearing thereon, after which, Zoning Hearing
Board authorization may be issued for a period not exceeding one year
in any case.
Any signs, signboard, billboard or advertising
device existing at the time of the passing of this article that does
not conform in use, location, height or size with the regulations
of the district in which it is located shall be considered a nonconforming
use and may continue in such use in its present location for a period
of two years from the date of the passage of this article, but not
after. The continuation of such nonconforming use after expiration
of two years shall be a violation of this article.
