Except as otherwise provided in this section,
any use, building or structure lawfully existing at the time of enactment
of this chapter may be continued, although it is not in conformity
with the regulations specified by this chapter.
If a nonconforming use of land or building or
structure ceases or is discontinued for a period of two years or more,
presumption of abandonment shall arise, and, unless the presumption
is rebutted, resumption of the use of such building, structure or
land shall be in conformity with the provisions of this chapter.
Any lawful, nonconforming use of land, exclusive
of buildings and structures, and the use contained therein, may be
extended upon the lot on which it exists, provided such extension
shall be limited to a distance of a total of 100 feet in any one or
combination of directions from the existing nonconforming use, or
to an area equal to 50% of the existing nonconforming use, whichever
is the lesser. The extension of a nonconforming use on a lot shall
be limited to the lot which was in existence at the time the use became
nonconforming. Such extension shall also conform to area and lot regulations
and to the design standards of this chapter.
A.
Any nonconforming use may be expanded or altered through the obtainment of a special exception, and subject to the following criteria, and those contained in § 220-142C.
(1)
Expansion of the nonconformity shall be confined
to the lot on which it was located at the time the use became nonconforming;
(2)
The total of all such expansions or alterations
of use shall not exceed an additional 50% of the actual area of those
buildings, structures or land devoted to the nonconforming use, as
they existed on the date on which such buildings, structures or land
first became nonconformities. The applicant shall furnish conclusive
evidence as to the extent of the nonconformity when it was created.
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 toward the above maximum increase;
(3)
Provision for vehicular access, off-street parking
and off-street loading shall be consistent with standards required
by this chapter;
(4)
Provision for yards, building height and building
area shall be consistent with the standards required for permitted
uses in the zone in which the nonconformity in question is located;
(5)
Appearance should be harmonious with surrounding
properties; this feature includes, but is not limited to, landscaping,
enclosure of principal and accessory uses, height control, sign control,
architectural control, and maintenance of all improvements and open
spaces;
(6)
Buffers and screens shall be provided as necessary
to adequately protect neighboring properties. This includes, but is
not limited to, fences, walls, plantings, and open spaces;
(7)
The expansion shall not create new dimensional
nonconformities or further increase existing dimensional nonconformities;
(8)
No expansion of a nonconforming structure or
a nonconforming use located outside of a structure existing on the
effective date of this chapter shall be permitted in any floodplain;
and
(9)
Excluding expansion, any modification, alteration,
repair, reconstruction, or improvement of any kind to a nonconforming
use or structure located in a floodplain, shall be permitted when
either elevated above the base flood elevation, or floodproofed. In
no case shall any modification, alteration, repair, reconstruction
or improvement cause unacceptable increases in flood height, velocities
or frequencies;
B.
Any dimensional nonconformity may be reduced as a
permitted use, even if the reduction does not entirely eliminate the
dimensional nonconformity. Furthermore, any structure that has one
or more nonconforming setbacks may be extended along the same nonconforming
setback(s) line, up to a maximum of 50%, or 100 feet, whichever is
less, of the area of the building that follows the setback when it
was originally made nonconforming; the diagram below illustrates this
regulation. Nothing within this section shall be interpreted to allow
an increase in any dimensional nonconformity.
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Any nonconforming use may be replaced or substituted
by another nonconforming use by special exception, if the Zoning Hearing
Board determines that the proposed use is at least equally compatible
with, and not detrimental to, the surrounding area, as the original
nonconforming use. In addition, the proposed nonconforming use shall
not increase any dimensional nonconformities. The Zoning Hearing Board
may attach reasonable conditions to the special exception to keep
the use compatible within its surroundings.
Any lawful, nonconforming building or other
structure which has been damaged or destroyed by fire, explosion,
windstorm, or other cause, may be reconstructed in the same location,
provided that:
A.
The reconstructed building or structure shall not
exceed the height, area or volume of the damaged or destroyed building
or structure, and such reconstructed building or structure shall not
increase any dimensional nonconformities; and
B.
Reconstruction shall begin within one year from the
date of damage or destruction and shall be carried on without interruption.
It is the express intent and purpose of this
chapter that, if a building, structure, sign, or use of land was expanded
or extended to the limits of expansion for a nonconforming building,
structure, sign, or use of land, as authorized by a prior zoning regulation
or ordinance, no further expansion of said building, structure, sign,
or land shall be authorized. In the event a nonconforming building,
structure, sign, or use of land was expanded to a portion of the limits
of expansion authorized by a prior zoning regulation or ordinance,
additional expansion, if permitted by this chapter, shall only be
authorized to the amount of expansion not previously utilized pursuant
to said prior zoning regulation or ordinance.
In any zone in which single-family detached
dwellings are permitted, a single-family detached dwelling and accessory
uses may be erected on any lot of record held in single and separate
ownership on the effective date of the zoning ordinance, or amendment
which rendered such lot nonconforming, and which has continued to
be held in single and separate ownership. An undeveloped remainder
of an agriculturally zoned parent tract from which all legally permitted
lots have been subdivided shall not be considered a lot of record
qualifying for an additional dwelling. Development on nonconforming
lots of record shall comply with all yard, height and building area
requirements, unless a variance is granted by the Zoning Hearing Board.
