As used in this chapter, the following terms shall have the
meanings indicated:
A lot, the area or dimensions of which were lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure which does not comply
with the applicable area, dimensional, parking, buffer, environmental
or other provisions of this chapter or amendment heretofore or hereafter
enacted, where such structure lawfully existed prior to enactment
of such ordinance or amendment. Such nonconforming structures include,
but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter, then
at the time of such amendment, may be continued except as hereinafter
provided, although such use or structure does not conform to the provisions
of this chapter or subsequent amendments.
A.
A building may be erected on a vacant lot which is not of the required
area or width, provided a certificate of nonconformance has been issued
for that lot by the Zoning Hearing Board in accordance with the following:
(1)
A certificate of nonconformance shall be issued for a vacant
lot which has been held in single and separate ownership since the
effective date of the lot area and width requirements applicable to
that lot.
(2)
If two or more contiguous vacant lots are in a single ownership
as of or subsequent to the effective date of this chapter, these lots
shall be consolidated to minimize the nonconformity.
B.
If a building is erected or altered on a vacant lot pursuant to a
certificate of nonconformance, that building must comply with all
applicable area and design requirements except minimum lot area or
width. Any other deviation from those requirements shall be permitted
only by variance.
C.
Additions to buildings that already exist on a lot that does not
have the required minimum area or width for the underlying zoning
district may be permitted, subject to compliance with the following
procedure:
(1)
Landowner shall submit an application for registration of a
nonconforming lot with the Zoning Officer.
(2)
Landowner shall establish by submission of chain of ownership
records that the lot has been owned in single and separate ownership
since the effective date of the lot area and width requirements for
the underlying zoning district.
D.
Satisfaction of this requirement shall be solely within the jurisdiction
of the Zoning Officer.
A.
A structure that does not conform with the area, dimensional, parking,
buffer, environmental and any other requirements of the district and
this chapter may be extended by right along the building lines of
the existing nonconformity in keeping with all other applicable requirements
of this chapter.
B.
A use that does not conform to the use regulations of the district
in which it is located may be extended by special exception, provided
that:
(1)
The proposed extension shall take place only upon the lot or
contiguous lots held in single and separate ownership at the time
the use became nonconforming. Permission to extend a nonconforming
use as described in this article shall be construed to mean that a
new use or uses may be established. A nonconforming use, including
off-street parking areas for such use, shall be prohibited from encroaching
on another parcel of land subsequently added to the original parcel.
(2)
The proposed extension shall conform with the setback, yard, area, dimensional, building height, parking, buffer, sign, environmental and other requirements of the district in which said extension is located, except as permitted in Subsection A above.
(3)
Any increase in building or floor area shall not exceed an aggregate
of more than 50% of the building or floor area, whichever is less,
existent at the date the use became nonconforming. Structures or land
uses that have reached their maximum expansion allowance under previous
ordinances are not eligible for any increase in building or floor
area under this chapter. A structure which is nonconforming in terms
of height shall not be extended to increase the height.
A nonconforming building or any building containing a nonconforming
use, wholly or partially destroyed by fire, explosion, flood or other
phenomenon, or legally condemned, may be reconstructed, provided that:
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building shall
be in conformity with the provisions of this chapter. For the purpose
of this chapter, abandonment shall commence when the nonconforming
use ceases.
A.
A nonconforming use may be changed to another nonconforming use only
under all of the following conditions:
(1)
Such change shall be permitted only as a special exception by
the Zoning Hearing Board.
(2)
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
(3)
The applicant shall show that the proposed change will be less
objectionable in external effects than the existing nonconforming
use with respect to:
B.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
