It is the purpose of this article to allow, with conditions,
the continuance of existing uses of land and structures which, as
of the effective date of this chapter, as amended, may not meet the
bulk, use, or other standards established by this chapter.
A.Â
Continuation. Any lawful building or other structure, or any lawful
use of a building or other structure or land, legally existing on
the effective date 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.Â
Extension.
[Amended 7-7-2004 by Ord. No. 2004-04]
(1)Â
When authorized by special exception, any lawful nonconforming use of a portion of a building may be extended throughout the building, or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and 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 lawful nonconforming use is made and provided further that any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located and provided the off-street parking and loading requirements of Article XXII herein shall be met.
(2)Â
Lawful nonconforming buildings which are conforming as to use,
and are located on lots which are in single and separate ownership,
may be expanded by special exception, provided that the total ground
coverage of the buildings shall not exceed the percentage allowed
for building coverage in the district, and provided further that the
expansion shall not cause a violation or increased violation of any
other requirement of this chapter.
C.Â
Change. Any lawful nonconforming use of building or land may be changed
to another nonconforming use of the same general character, provided
that the new use shall generate no appreciable increase in vehicular
traffic on the highway serving such use, nor shall such new use be
more objectionable or offensive by reason of noise, glare, odor, nor
more hazardous by reason of fire, explosion or otherwise than the
previous nonconforming use, and for such purpose a building may be
extended in accordance with paragraph "B" of this Section, herein
above. 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.
D.Â
Restoration. 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:
(1)Â
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 B of this section, hereinabove; and
(2)Â
Reconstruction shall begin within one year from the date of
damage or destruction and shall be carried on without interruption.
E.Â
Discontinuance of use. If a lawful nonconforming use of a building
or other structure is discontinued for a continuous period of one
year or more, or if a lawful nonconforming use of land is discontinued
for a continuous period of one year or more, subsequent use of such
building or structure or land shall be in conformity with the provisions
of this chapter.
F.Â
Nonconforming signs. Within a period of two years from the effective date of this chapter, every nonconforming sign shall either be discontinued and removed, or changed to a conforming sign. However, every sign for a nonconforming building, structure or use shall either be discontinued and removed, or changed to conform to the specific regulations of the district in which the aforementioned nonconforming building, structure or use would be normally permitted. All such signs shall comply with Article XXI herein.
A building may be erected or altered on any lot held at the
effective date of this chapter in single and separate ownership which
is not of the required minimum area, or width, or is of such unusual
dimensions that the owner would have difficulty in providing the required
open spaces for the district in which such lot is situated, provided
that where a lot cannot meet the required yard requirements for the
zoning district in which it is located, a special exception shall
be authorized by the Zoning Hearing Board and provided further that
the applicant does not own or control other adjoining property sufficient
to enable him to comply with the provisions of this chapter as amended.
