As used in this article, the following terms
shall have the meanings indicated:
A lot the area or dimension of which was 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 reasons of such adoption or amendment.
A structure or part of a structure which does not comply
with the applicable area, setback, yard, building height, location,
size, impervious surface, and/or other dimensional requirements of
this chapter or amendment heretofore or hereafter enacted where such
structure lawfully existed prior to the enactment of this chapter
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 in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
The Zoning Officer shall, upon adoption of this
chapter or amendment thereof, identify and register all nonconforming
uses and structures. Upon identifying the nonconformity, the Zoning
Officer shall mail registration forms to the owner of record.
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, even though such use does not conform to
the provisions of this chapter or subsequent amendments.
A.
A structure that does not conform with the dimensional, area, parking, buffer or other requirements of this chapter may be extended only if the extension meets all the requirements of this chapter and the extent of the nonconformity is not increased. In the case of a nonconforming structure which is used for a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of Subsection B of this section.
B.
A use that does not conform to the use regulations
of the district in which it is located may be extended by the Zoning
Hearing Board, provided that:
(1)
The proposed extension shall take place only upon
the same lot on which the use existed at the time the use became nonconforming
and shall be prohibited from encroaching on another lot subsequently
added to the original parcel. Permission to extend a nonconforming
use as described in this article shall not be construed to mean that
new uses may be established.
(2)
The proposed extension shall conform with the setback,
yard, area, dimensional, building height, parking, sign, buffer, and
all other area and dimensional requirements of the district in which
said extension is located, as contained in this chapter.
(3)
Any increase in volume or area shall not exceed an
aggregate of more than 50% of the volume or area existent at the date
the use became nonconforming, during the life of the nonconformity,
and shall be permitted only by the Zoning Hearing Board. Structures
or land uses that have reached their maximum expansion allowance under
previous ordinances are not eligible for any increase in volume or
area under this chapter.
[Amended 10-8-1996 by Ord. No. 269]
(4)
No nonconforming use shall be extended to displace
a conforming use.
[Amended 10-8-1996 by Ord. No. 269]
A nonconforming building or structure, or any
building or structure containing a nonconforming use, wholly or partially
destroyed by fire, explosion, flood or other phenomenon, or legally
condemned, may be reconstructed and used for the same nonconforming
use, provided that reconstruction of the building shall be commenced
within one year from the date the building was destroyed or condemned
and shall be carried on without interruption. No further expansion
of the original nonconforming use will be permitted. If a nonconforming
building or structure is removed or demolished by the owner, it shall
be replaced only with a conforming structure.
If a nonconforming use of a building, structure,
or lot is abandoned for a continuous period of one year, subsequent
use of such building, structure, or lot shall be in conformity with
the provisions of this chapter. Abandonment shall commence when the
nonconforming use ceases.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under all of
the following conditions:
A.
Such change shall be permitted only by the Zoning
Hearing Board.
B.
The applicant shall show that a nonconforming use
cannot reasonably be changed to a permitted use.
C.
The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use, with respect to:
