[Ord. 558, 9/4/2012]
The lawful use of any structure or land existing at the effective
date of this chapter may be continued although such use does not conform
with the provisions of this chapter, except as otherwise provided
in this part. This provision does not apply to any use of land or
structure unlawful under this chapter.
[Ord. 558, 9/4/2012; ]
1.
Nonconforming structures. Nonconforming structures may be altered,
reconstructed or enlarged provided that such alteration, reconstruction
or enlargement does not increase the extent of the nonconformity existing
on the effective date of this chapter. In the case of a nonconforming
structure which is used by a nonconforming use, such alteration, extension
or enlargement shall also meet the requirements of Subsection 3 of
this section.
2.
Nonconforming lots. Nonconforming lots are subject to the applicable
dimensional regulations for the zoning district in which such lots
are located.
3.
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed,
extended or enlarged, except in accordance with the following provisions:
A.
Such alteration, reconstruction, extension or enlargement shall be
permitted only by special exception approved by the Zoning Hearing
Board.
B.
Such alteration, reconstruction, extension or enlargement shall be
only upon the same lot as in existence at the date the uses became
nonconforming.
C.
Any increase in volume or area of the nonconforming use shall not
exceed an aggregate of more than 25% (of said volume or area) during
the life of the nonconformity.
[Ord. 558, 9/4/2012]
No structure damaged by fire or other natural causes to the
extent of more than 60% of the structure shall be repaired, reconstructed
or used except in conformity with the regulations of this chapter.
Structures with damage to the extent of 60% or less of the structure
may be reconstructed, repaired or used for the same nonconforming
use, subject to the following provision:
[Ord. 558, 9/4/2012]
Whenever a nonconforming use has been discontinued for a period
of one year and such use has been abandoned, such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
[Ord. 558, 9/4/2012]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may not be changed to another nonconforming use.
[Ord. 558, 9/4/2012]
No nonconforming use shall be extended to displace a nonconforming
use.
[Ord. 558, 9/4/2012]
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 also apply to any nonconforming
uses or structures existing therein.
[Ord. 558, 9/4/2012]
Nonconforming use permits shall be issued by the Zoning Officer
for all nonconforming uses existing at the effective date of this
chapter. To qualify as a lawful nonconforming use under the terms
of this chapter, the owner of a nonconforming use existing at the
effective date of this chapter shall apply for a nonconforming use
permit within 90 days of the effective date of this chapter.
