[Amended 12-9-1998 by Ord. No. 420TT]
A.
Continuation. Any building or other structure, or
any use of a building or other structure or lot, lawfully existing
immediately prior to the effective date of a particular portion of
this chapter, which does not conform with the provisions of this chapter,
shall be considered a lawful, nonconforming building, structure or
use, and may be continued, except as otherwise herein provided.
B.
Change. Any lawful, nonconforming use of a building or land may be changed to another nonconforming use if, upon application to the Zoning Hearing Board for special exception, the applicant demonstrates by credible evidence that the proposed use will be conducted with no greater intensity and will have no greater adverse impact on surrounding properties than the existing use. The standards contained in § 282-230 shall apply. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
C.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, wind storm, or other similar active cause, to an extent of not more than 50% of its fair market value, may be reconstructed in the same location, provided that the reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure, except as provided in Subsection E of this section; and reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
D.
Abandonment. If a lawful nonconforming use of a lot,
building or other structure is abandoned or discontinued for a continuous
period of six months or more, subsequent use of such lot, building
or structure or land shall and must be in conformity with the provisions
of this chapter.
E.
Extension by special exception. Any lawful nonconforming
use of a portion of a building may be extended throughout the building,
and any lawful nonconforming building or any building of which a nonconforming
use is made, may be extended upon the lot occupied by such building
when held in single and separate ownership on the effective date of
this chapter, provided that the area of such building shall not be
increased by more than a total of 25% of the area of such building
existing on the date it first became a lawful nonconforming building
or a building of which a lawful nonconforming use is made, and provided
further, that any alteration, extension, or addition shall conform
with all height, area, width, yard and coverage requirements for the
district in which it is located.
F.
Buildings under construction. A building for which
a valid building and/or zoning permit has been issued and/or is actually
under construction to the extent of completion of footings may be
completed as a nonconforming use.
G.
Building condemned. A nonconforming building which
has been legally condemned shall not be rebuilt or used except in
accordance with the provisions of this chapter.
H.
Temporary nonconforming use. A temporary nonconforming
use, which will benefit the public health or welfare or promote proper
development of a district in conformity with the intent of this chapter,
may be permitted for a period of not more than one month, on the approval
of the Board of Commissioners.
A.
A vacant lot which is caused to become nonconforming
as to the dimension or area by virtue of the enactment of regulations
of this chapter may be used for a permitted use in the district in
which it is located, provided that such lot was and is held in single
and separate ownership before and since the time of the enactment
of the regulation that caused the nonconformity, only when authorized
as a special exception and upon submission of evidence that the relief
requested from the current regulation is the minimum necessary to
permit reasonable use of the lot.
B.
In those instances where the lot area or the frontage
is less than 75% of the minimum required in the district, the use
must be authorized by a variance.
