Subject to the provisions of this article, a
use of building or land existing at the time of the enactment of this
chapter may be continued even though such use does not conform to
the provisions of these regulations for the district in which it is
located.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any portion of a building or structure
declared unsafe by a proper authority.
A nonconforming building or structure may be
altered, improved or reconstructed. Said alteration, improvement or
reconstruction shall be permitted only if it is a normal, natural
or consistent growth of the same character as that of the use existing
at the time of passage of this chapter.
Nothing in this chapter shall prevent the reconstruction,
repairing, rebuilding and continued use of any nonconforming building
or structure damaged by fire, collapse, explosion or act of God, provided
that reconstruction or repair is commenced within one year from the
date of occurrence of the damage.
A.
A nonconforming use may be extended as a special exception
subject to the following:
(1)
The extension becomes an attached part of the main
structure and does not utilize any additional or adjoining land area
other than the original parcel.
(2)
The extension does not encroach upon the yard and
height requirements of the district in which the nonconforming use
is located.
(3)
The extension is for the purpose of expanding the
same classification of nonconforming use in existence at the time
of ordinance adoption.
B.
Extension of a lawful use to any portion of a nonconforming
building or structure that existed prior to the enactment of this
chapter shall not be deemed an extension of such nonconforming use.
No nonconforming building, structure or use
shall be changed to another nonconforming use, except that a nonconforming
building, structure or use may be changed to another nonconforming
use of equal or more restricted classification as a variance, after
public hearing, subject to the standards imposed by the Zoning Hearing
Board, to reasonably assure that the changes will not adversely affect
the public interest.
A nonconforming use of a building or land that
has been abandoned or discontinued shall not thereafter be returned
to a nonconforming use. A nonconforming use shall be considered abandoned
as follows:
A.
When the intent of the owner to discontinue the use
is apparent.
B.
When the characteristic equipment and furnishings
of the nonconforming use have been removed from the premises and have
not been replaced by similar equipment within 90 days, unless other
facts or circumstances show a clear intention to resume the nonconforming
use.
C.
When a nonconforming use has been discontinued for
a period of 12 months or for 18 months during any three-year period.
D.
When it has been replaced by a conforming use.
E.
When it has been changed to another use under permit
from the Zoning Hearing Board.
Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
at the time of the effective date of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
apply to any nonconforming use conditions created therein.
