Where, at the effective date of adoption or amendment of this
chapter, lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued, so long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, except as specified by §
550-47 of this chapter.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter.
C. If any such nonconforming use of land ceases for any reason for a
period of more than 12 consecutive months, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the district in which such land is located.
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on areas, lot coverage,
height, yards or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
A. A structure may be enlarged or altered in a reasonable amount only
as approved by the Zoning Hearing Board.
B. Should such structure be destroyed by any means to an extent of more
than 50% of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter unless a variance is granted by the Zoning Hearing Board.
C. Should such structure be moved for any reason for any distance whatever,
it shall thereafter conform to the regulations for the district in
which it is located after moved.
If a lawful use of a structure, or of a structure and premises
in combination, exists at the effective date of adoption or amendment
of this chapter, that would not be allowed in the district under the
terms of this chapter, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A. An existing structure devoted to a use not permitted by this chapter
in the district in which it is located may be enlarged, extended,
constructed, reconstructed or structurally altered to any reasonable
amount upon granting of a variance by the Zoning Hearing Board. Any
enlargements or expansions approved by the Zoning Hearing Board shall
meet the provisions of use for that type of use. Nonconforming industrial
structures shall meet the provisions of use for the Industrial District,
and likewise, any nonconforming commercial structures meet the provisions
of use requirements for the Business District when they are either
enlarged, extended, constructed, reconstructed or structurally altered.
B. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming use of a
structure or structure and premises may be changed to another nonconforming
use, provided that the Zoning Hearing Board, either by general rule
or by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate to the district than
the existing nonconforming use. In permitting such change, the Zoning
Hearing Board may require appropriate conditions and safeguards in
accord with the provisions of this chapter.
D. Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
E. When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
the structure and premises in combination, shall not thereafter be
used except in conformance with the regulations of the district in
which it is located.
F. Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
Where single-family residences exist as nonconforming uses according
to this chapter, the following shall apply:
A. Notwithstanding any other provisions pertaining to nonconforming
uses in this chapter, an existing nonconforming residential dwelling
destroyed in whole or in part by fire, flood, explosion or any other
casualty beyond the control of the property owner, may be reconstructed
and used as before said casualty, provided:
(1) The
reconstructed principal residential structure and accessory structures
(not including any agricultural structures) in combination shall not
have a floor area of greater than 125% of that of the original principal
residential structure and accessory structures (not including any
agricultural structures) in combination; and
(2) The
reconstructed principal and accessory structures shall meet applicable
lot, yard and height requirements of the zoning district.
B. Notwithstanding any other provisions pertaining to nonconforming
uses in this chapter, an existing nonconforming residential dwelling
or any of its customarily accessory structure may be expanded in floor
area up to an additional 25% each of the existing floor area, provided:
(1) The
expansion does not include the addition of a residential dwelling
unit or business unless such are otherwise permitted in the zoning
district; and
(2) Only
one such expansion per principal or accessory structure shall be permitted.
Any use for which a special exception is permitted as provided
in this chapter shall not be deemed a nonconforming use, but shall
without further action be deemed a conforming use in such district.