Subject to the provisions of this section, 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 with 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 structure may be increased in height not to
exceed the maximum height of the respective district. A nonconforming
structure may be expanded into an a required yard as long as such
expansion does not encroach further into the yard and does not increase
the footprint of the building as existing at the time of passage of
this chapter more than 25%. The Zoning Officer shall keep a written
log of permit issuances for the expansion of nonconforming structures
such that this provision may be properly enforced.
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, excepting demolition specified in § 280-1308, subsequent to the date of this chapter nor shall it prevent the regular maintenance of a nonconforming structure including the replacement of a roof, exterior facade, windows, and other treatments.
A nonconforming use shall not be extended, except as authorized by special exception pursuant to Article XI, but the extension of a lawful use to any portion of a nonconforming building or structure that existed prior to the enactment of the Ordinance shall not be deemed the extension of such nonconforming use.
No nonconforming building, structure, or use shall be changed to another nonconforming use unless approved by the Zoning Hearing Board as a special exception pursuant to Article XI.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued and the construction of which shall
have been diligently prosecuted within two months of the date of such
permit and the ground story framework of which shall have been completed
within four months of the date of the permit, and which entire building
shall be completed according to such plans as filed within one year
from the date of this chapter.
Where 50% or more of the floor area of a nonconforming structure
is demolished by fire, accident, vandalism, or act of God and the
owner receives an insurance settlement in an amount equal to the fair
market value of the demolished building or portion thereof, and where
nonconforming buildings are voluntarily demolished, any future building
on the site shall comply with the following. Lots with demolished
residential dwelling units and accessory structures thereto may include
the construction of a building within some or the entire footprint
of the demolished building at the time of its demolition within 18
months of such. Lots bearing demolished commercial and other principal
structures and structures accessory thereto shall be subject to all
existing requirements of this chapter.
Any nonconforming sign removed, whether by Act of God, vandalism,
accident, or voluntarily, if replaced, shall be subject to all existing
standards of this chapter.
A.
Parking. Where access and circulation of a parking lot is changed
and the lot is expanded by more than 10%, the entirety of said lot
shall be subject to the standards of this chapter and the Subdivision
and Land Development Ordinance.[1] Lighting on the entire site shall then comply.
B.
Where landscaping buffers are required, any expansion of the square
footage on a site beyond 25% of the gross floor area existing at the
time of this amendment shall require the installation of buffers on
the entire lot. Similarly, lighting standards shall be met on the
entire lot.
C.
Otherwise, parking, lighting, and landscaping standards shall only
apply to the land area altered or improved.
D.
Where a demolished structure is required to be constructed in accordance with this chapter as required by § 280-1308, such conformance shall not apply to the nonconforming parking associated therewith, wherein the amount of parking existing at the time of destruction or demolition shall continue as a nonconforming use, unless a principal structure is not rebuilt within 18 months of demolition or destruction. However, expansion of the new structure or change of use shall require additional spaces in accordance with this chapter and the Subdivision and Land Development Ordinance.
E.
Where lots in the R-1 or R-2 Districts were approved prior to the
enactment of this chapter, as building lots and as part of a subdivision
bearing new street infrastructure, said lots may bear the amount and
type of residential dwelling units per acre and may cover the percentage
of the lot permissible at the time of approval of said subdivision.
A nonconforming use of a building or land that has been abandoned
shall not thereafter be returned to such 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 use is abandoned;
C.
When a nonconforming use has been discontinued for a period of six
months;
D.
When it has been replaced by a conforming use; or
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
uses existing therein.
