All uses, structures, lots and signs that do
not conform to regulations of the district in which they are located
but were in lawful existence prior to the effective date of this chapter
shall be known and regarded as "nonconforming," and the following
regulations shall apply to them.
Any nonconforming use, building, sign or other
structure legally existing at the time of adoption of this chapter
or authorized by a building permit issued prior thereto may be continued
in accordance with this article.
A.
Extension or enlargement. The nonconforming use of
a building or of a lot shall not be extended or structurally enlarged
so as to use other portions of the building or lot, except insofar
as is permitted by law to assure the structural safety of a structure,
unless the Zoning Hearing Board shall, by special exception as hereinafter
provided, authorize the extension or enlargement of such use or building.
The Zoning Hearing Board, upon proper application, may grant such
special exception, provided that:
(1)
It is clear that such extension is not materially
detrimental to the character of the surrounding area or to the interest
of the City.
(2)
The area devoted to the nonconforming use shall not
be increased by more than a total of 10%. This increase shall occur
only once during the life of a nonconforming use.
(3)
Any extension or enlargement of the building or of
a lot having a nonconforming use shall conform to all applicable area
and bulk regulations of the district in which it is situated and to
all regulations applicable to such a use in the City.
B.
Change of use. A nonconforming use may be changed
to another nonconforming use by the grant of a special exception only
upon determination by the Zoning Hearing Board, after public hearing,
that the proposed new use will be similar to or less detrimental to
its neighborhood and abutting properties than is the use it is to
replace. Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. In evaluating relative
detriment, the Zoning Hearing Board shall take into consideration,
among other issues:
C.
Restoration. A structure containing a nonconforming
use involuntarily destroyed by 75% or less of its value by fire, explosion,
flood or other phenomena or legally condemned may be reconstructed
and used for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within
one year from the date the structure was destroyed or condemned and
shall be completed within one year of the date commenced.
D.
Abandonment. If a nonconforming use of a structure
or land is razed, removed or intentionally and voluntarily abandoned
for 12 consecutive months, subsequent use of such building or land
shall conform with the regulations of the district in which it is
located. However, this same or another nonconforming use shall be
allowed, provided that the request for the nonconforming use is filed
and approved by the Board within the twelve-month period and the permit
application for such approved nonconforming use is filed within 30
days after the decision of the Board.
E.
Accessory uses. The provisions of this article relative
to continuation and extension of nonconforming uses shall not apply
or be applicable to an accessory use.
A.
Extension or enlargement.
(1)
Buildings of which a conforming use is made but which
are nonconforming in area and bulk by exceeding the allowable lot
coverage, setback or height regulations for the district in which
they are located may not be enlarged unless the lot size is enlarged
to conform to the district regulations.
(2)
Buildings of which a conforming use is made but which
are nonconforming in location on a lot may be enlarged or additional
buildings may be constructed, subject to the following:
(a)
Additional buildings and enlargement of existing
buildings must conform to the distances from lot and setback lines
and all design standards from the district.
(b)
The additions and enlargements, together with
the existing structures on the lot, shall not exceed lot coverage
requirements for the district.
(c)
Such alteration, renovation or enlargement shall not increase any existing nonconformity and shall comply with all area and bulk regulations. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 224-94A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 224-96 of this article.
(3)
Single-family residences and accessory structures
existing at the time of adoption of this chapter which are nonconforming
solely because of coverage and setback requirements shall be considered
conforming to requirements of the district in which they are located
and other regulations in this chapter, provided that, in the opinion
of the Zoning Officer:
B.
Restoration. Any lawful nonconforming building or
other structure which has been involuntarily damaged or destroyed
by 75% or less of its value by fire, explosion, windstorm or other
active cause may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not exceed the height, area or bulk permitted by Subsection A or the original building, whichever shall be the more limited.
(2)
Reconstruction shall begin within one year from the
date of damage or destruction and shall be completed without interruption.
(3)
Any restoration required as a result of flooding shall
be in accordance with the provisions of the Floodplain Conservation
Overlay District.
A.
A use or building may be constructed on a nonconforming
lot of record in existence at the effective date of this chapter under
the following circumstances:
(1)
The owner does not own or control other adjoining
properties sufficient to enable him to comply with the area and bulk
requirements for the district.
(2)
A special exception is granted by the Zoning Hearing
Board. In addition to other standards governing special exceptions,
the Board shall impose the following:
(3)
In any residential district, a single-family dwelling may be constructed on a lot of this character without special exception approval if the conditions of Subsection A(2)(a) above are met and if all the setback, yard and coverage requirements for the district are met; otherwise, the requirements for a special exception as outlined in Subsection A(2) above shall apply.
B.
Single-family dwellings and accessory structures existing
at the time of adoption of this chapter which are nonconforming solely
because of area or lot width requirements shall be considered conforming.
Any existing nonconforming signs, signboards,
billboards or advertising device existing at the time of the adoption
of this chapter may be used in its existing location, provided that
it is maintained in accordance with the following provisions and all
Building Code requirements for structures:
A.
Moving. A nonconforming sign may be moved, provided
that moving such a sign would eliminate the nonconformity. A nonconforming
sign shall not be moved to a position where such a sign remains nonconforming
unless permitted by special exception.
B.
Area. The total area of all such signs relating to
a single use at the effective date of this chapter or at the effective
date of any amendment of this chapter by which any sign shall be made
nonconforming shall not be increased.
C.
Replacement. No such sign shall be physically altered
or replaced unless authorized as a special exception by the Zoning
Hearing Board. Nonconforming signs, once removed, may be replaced
only by conforming signs unless authorized by the Zoning Hearing Board.
D.
Discontinuance. Whenever any nonconforming use of building, structure or land or of a combination of buildings, structures and land ceases as prescribed in § 224-94D, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months from the date such use terminates.
