Except as otherwise provided in this section, any use, building, or structure 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 of a building or structure, other than for farming purposes, ceases or is discontinued for a continuous period of one year or more, subsequent 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 expanded or altered through the obtainment of a special exception and subject to the following criteria and those contained in § 185-113C: Such expansion shall not exceed an area equal to 50% of the area of the land devoted to the nonconforming use it existed on the date which such use of land first became nonconforming. Expansion of the nonconformity shall be confined to the lot on which it was located on the date which such use of land first became nonconforming. All expansions of nonconforming uses of land shall conform to area and lot regulations and to the design standards of this chapter. The applicant shall furnish conclusive evidence as to the extent of the nonconforming use of land when it was created.
A. 
A structure which is located within the required front yard area of the zone in which it is located is permitted by right to expand by up to 50% of the area of the existing structure, provided that:
(1) 
The expanded part of the structure will not extend nearer to the street than that part of the existing structure which is nearest to the street;
(2) 
The minimum side yard and rear yard areas of the zone are complied with; and
(3) 
The use of the structure is a permitted use in the zone in which it is located.
B. 
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 § 185-113C:
(1) 
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto creating the nonconformity;
(2) 
The total of all such expansions or alterations of use shall not exceed an additional to 50% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created;
(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 use 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 the Floodplain Zone; and
(9) 
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in the Floodplain Zone shall be permitted when either elevated above the base flood elevation or floodproofed in accordance with the requirements described in § 185-24 of this chapter. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies.
C. 
Any dimensional nonconformity may be reduced by permitted use. No extension or enlargement of a dimensional nonconformity shall be permitted.
Once a conforming use is established, no nonconforming use shall be permitted in the future. The Zoning Hearing Board may, by special exception, permit the substitution of one nonconforming use for an existing nonconforming use in accordance with the following criteria and limitations:
A. 
The use proposed to be substituted shall be permitted i) by right or special exception in the district in which the existing nonconforming use would be permitted by right or special exception, or ii) by right or special exception in a more-restrictive district than a district in which the existing nonconforming use would be permitted by right or special exception. For the purposes of the subsection, the following sequence shall be used to determine which district is more restrictive, with the most restrictive district being first named: R-1 Suburban Residential Zone (R-1), R-2 Village Residential Zone (R-2), Conservation Zone (C), Agricultural Zone (A), Rural Zone (R), Village Commercial Zone (VC), Highway Commercial Zone (HC), Limited Industrial Zone (LI), and Industrial Zone (I).
B. 
The proposed use to be substituted shall not generate more traffic than the existing nonconforming use.
C. 
The proposed use to be substituted, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
D. 
The proposed use to be substituted shall not generate higher levels of noise, smoke, glare or other potential nuisance conditions or safety hazards beyond the boundaries of the property than the existing nonconforming use.
E. 
The proposed use to be substituted shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use.
F. 
The existing nonconforming use shall be completely abandoned.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active 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.
B. 
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
[Amended 5-27-2020 by Ord. No. 2020-01]
A. 
In any zone where 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 this chapter, or amendment which rendered such lot nonconforming, and which has continued to be held in single and separate ownership, provided that such development complies with all setback, coverage, bulk, height and other requirements.
B. 
For purposes of this section, when two or more nonconforming lots are contiguous and are in single ownership, they become held in common as one lot for zoning purposes and require a variance from the Zoning Hearing Board to resubdivide the parcel. This shall apply regardless of the number of deeds held by the owner.
It is the express intent and purpose of this chapter that if a building, structure, sign or 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.