Any nonconforming use or structure legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations of the district in which it is located, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed. (For nonconforming lots, see § 135-80.)
A.
General application of provisions. Nothing herein shall require any
change in plans, construction or designated use of a building or structure
which complies with existing laws or for which a permit was granted
and/or where the construction shall have started before the date of
adoption of this chapter or applicable amendment thereto.
B.
Abandonment. If any nonconforming use or structure is abandoned for
a period of one year, the future use of such building or land shall
be in conformity with the district regulations. A nonconforming use
shall be judged to be abandoned when there occurs a cessation of any
such use or activity by an apparent act or failure to act on the part
of the tenant or owner to reinstate such use within a period of one
year from the date of cessation or discontinuance.
C.
Alteration and reconstruction.
(1)
Repairs and nonstructural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use.
(2)
A nonconforming building or building occupied by a nonconforming
use which is damaged by fire, flood or other natural causes may be
reconstructed, restored and used as before, provided that:
(3)
However, where a nonconforming building or building occupied by a
nonconforming use is destroyed by fire, flood or other natural causes
in a Floodway District, such nonconformity may only be reconstructed,
replaced and used as before, provided that:
(a)
The property owner does not own adjoining land located outside
of the Floodway District.
(b)
The reconstruction will not cause any rise in the one-hundred-year
flood elevation.
(c)
The reconstruction will be floodproofed in accordance with the requirements contained in § 135-61.
(d)
Said reconstruction commences within one year of the damage.
(e)
Said reconstruction does not exceed the size, bulk, height and
area that existed prior to the damage, unless approved by the Zoning
Hearing Board.
D.
Extensions and enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout
the interior of the building, provided that no structural alterations
are made therein. Interior structural alterations proposed to extend
a nonconforming use shall be authorized by the Zoning Hearing Board.
(2)
Exterior extensions or enlargements may be made to nonconforming
structures or uses, provided that:
(a)
The extensions or enlargements do not cumulatively extend the
structure or use by more than 25% of the area occupied by such use
at the effective date of this chapter.
(b)
The extension or enlargement shall conform to the yard and height
requirements of the district in which the structure or use is located.
(c)
The Zoning Hearing Board approves such proposed extension or
enlargement where the proposal will not meet the applicable yard requirements.
(d)
In the case of a nonconforming use, the use shall be immediately
adjacent to the existing nonconforming use.
(3)
For nonconforming uses where normal operations involve natural expansion
(quarries, junkyards, cemeteries, etc.), expansion shall be permitted
by right up to 25% of the volume or area of the nonconformity which
existed at the effective date of this chapter. For expansion beyond
25%, approval must be obtained from the Zoning Hearing Board.
(4)
A nonconforming use shall not be extended to displace a conforming
use.
E.
Change of use. A nonconforming use may not be changed to another
nonconforming use. Whenever a nonconforming use of a building has
been changed to a conforming use, such use shall not thereafter be
changed back to a nonconforming use.
F.
Certificate of nonconformance. A certificate of nonconformance shall
be issued by the Zoning Officer for nonconforming uses or structures
upon written request of the property owner or occupant. Sufficient
evidence shall be provided by the applicant at the time of such request
which documents the existence of the nonconformity at the time of
adoption of this chapter.
Any nonconforming lot legally existing at the time of the adoption
of this chapter or which is created whenever a district is changed
by amendment hereafter may be continued and/or maintained even though
it does not conform to the regulations of the district in which it
is located. It is not the intent of this chapter to be overly restrictive
or to cause a hardship for any property owner but rather to allow
these nonconforming lots to continue until they are eliminated as
single entities, possibly through the addition of such lots to adjacent
property.
A.
Discontinuance/lot changes. If any nonconforming lot is discontinued
or becomes conforming through its addition to adjacent land, said
lot shall not hereafter be changed back to a nonconforming lot.
B.
Certificate of nonconformance. A certificate of nonconformance shall
be issued by the Zoning Officer for nonconforming lots upon written
request of the property owner or occupant. Sufficient evidence shall
be provided by the applicant at the time of such request which documents
the existence of the nonconformity at the time of adoption of this
chapter.
C.
Existing lots of record. In the case of a lot of record which existed
at the effective date of this chapter which does not meet the minimum
area requirements for the district in which it is located, a conforming
principal structure may be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to
form a conforming lot.
(2)
Each side yard is not less than 10 feet when adjoining another lot
and 15 feet when adjacent to any street right-of-way line.
(3)
The rear yard is not less than 15 feet.
(4)
The front yard conforms to the minimum distance required.
(5)
Where needed, the site has an approved sewage disposal system or
an appropriate sewage permit.
(6)
The site and its intended use comply with all other applicable provisions
of this chapter.
