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.
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.