It shall be the responsibility of, with the burden of proof
upon, a party asserting a nonconformity to provide the evidence that
it is lawful. A property owner may request a written statement of
nonconformity from the Zoning Officer after providing sufficient evidence.
A.
A lawful nonconforming use, structure or lot as defined by this chapter
may be continued and may be sold and continued by new owners.
B.
Any expansion of, construction upon or change in use of a nonconformity
shall only occur in conformance with this article.
C.
If an existing use, structure or lot was not lawfully established,
it shall not have any right to continue as a nonconforming use, structure
or lot.
The following shall apply, unless the structure is approved under § 270-179 of this chapter.
A.
Nonconforming structure.
(1)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided that:
(a)
Such action will not increase the severity or amount of the
nonconformity (such as the area of the building extending into the
required yard) or create any new nonconformity.
(b)
Any expanded area will comply with the required setbacks in
the applicable zoning district and any other requirements of this
chapter.
(2)
In the case of a nonconforming structure that is used by a nonconforming
use, any expansion shall also meet the requirements of this article
regarding nonconforming uses.
B.
Nonconforming lots.
(1)
Permitted construction on a nonconforming lot. A single, permitted
by right principal use and its customary accessory uses may be constructed,
reconstructed or expanded on a nonconforming lot provided all of the
following additional requirements are met:
(a)
The lot must be a lawful nonconforming lot of record.
(b)
Minimum setback requirements shall be met.
(e)
If the lot has a lot area of less than one acre, then the lot
area shall not be less than 50% of the area that would otherwise be
required.
(f)
The gross lot area of a nonconforming lot shall not be increased
by greater than 35% beyond what existed in the nonconforming lot at
the time the lot first became nonconforming.
(2)
Lot width. The fact that an existing lawful lot of record does
not meet the minimum lot width requirements of this chapter shall
not by itself cause such lot to be considered to be a nonconforming
lot.
C.
Expansion of a nonconforming nonresidential use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(1)
An expansion of more than 10% in total building floor area shall
require special exception approval from the Zoning Hearing Board under
Part 12.
(2)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(3)
The total building floor area used by a nonconforming use or
the total land area covered by the nonconforming use, whichever is
more restrictive, shall not be increased by greater than 35% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
(a)
The above maximum increase shall be measured in aggregate over
the entire life of the nonconformity. All expansions of the nonconforming
use and/or building(s) that occurred since the use originally became
nonconforming shall count towards the above maximum increase.
(4)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this chapter, unless the Zoning
Hearing Board grants a variance.
D.
E.
Nonconforming sign. The provisions of this chapter shall not be interpreted
to provide a right to expand or extend a nonconforming sign. Instead,
any expansions or extensions of a nonconforming sign shall comply
with this chapter.
A nonconforming structure that has been destroyed or damaged
may be rebuilt in a nonconforming fashion only if:
A.
Not more than 75% of the replacement cost or assessed value of the
structure, whichever is greater, has been destroyed or damaged.
B.
The application for a building permit and/or zoning permit is submitted
within 18 months after the date of damage or destruction.
C.
Work begins in earnest within 12 months afterwards and continues.
D.
No nonconformity may be created or increased by any reconstruction.
The property shall be properly secured during such time in such a
way to keep out trespassers and to avoid harm to neighboring properties.
A.
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located except as provided for in § 270-181, Damaged or destroyed nonconformities, of this article.
B.
The applicant shall be responsible to provide evidence that the nonconformity
was not abandoned or that all reasonable efforts for sale or lease
have been exhausted.
C.
An existing lawful separate dwelling unit may be unrented for any
period of time without being considered "abandoned" under this chapter.
A.
Once changed to a conforming use, a structure or land shall not revert
to a nonconforming use.
B.
A nonconforming use may be changed to a different nonconforming use
only if approved as a special exception by the Zoning Hearing Board.
However, special exception approval is not needed for a simple change
within an existing building from one lawful nonconforming retail store
use to another retail store use or from one lawful nonconforming personal
service use to another personal service use, provided that the new
use complies with any Zoning Hearing Board conditions that applied
to the previous use and it is not more objectionable in external effects
than the previous use.
C.
Where special exception approval is required for a change of a nonconforming
use, the Board shall determine whether the applicant has provided
sufficient proof to show that the proposed new use will be equal or
less objectionable in external effects than the preexisting nonconforming
use with regard to:
(1)
Traffic safety and generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire,
hazardous substances, and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
D.
In addition, the proposed nonconforming use shall not increase any
dimensional nonconformities.
E.
The Zoning Hearing Board may attach reasonable conditions to the
special exception to keep the use compatible within its surroundings.
Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under Article XVIII, Nonconformities, of this chapter.
