[Ord. 1972-10, 10/16/1972, Art. IX, § 900; as amended
by Ord. 1983-2, 5/16/1983, § 4; and by Ord. 1991-3, § 2]
1.
Nonconforming Lot. A lot the area or dimension of which was lawful
prior to the adoption or amendment of a zoning ordinance, but which
fails to conform to the requirements of the zoning district in which
it is located by reasons of such adoption or amendment.
2.
Nonconforming Structure. A structure or part of a structure manifestly
not designed to comply with the applicable use or extent of use provisions
in a zoning ordinance or amendment heretofore or hereafter enacted,
where such structure lawfully existed prior to the application of
such ordinance or amendment to its location by reason of annexation.
Such nonconforming structures include, but are not limited to nonconforming
signs.
3.
Nonconforming Use. A use, whether of land or of structure, which
does not comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or, amendment
to its location by reason of annexation.
[Ord. 1972-10, 10/16/1972, Art. IX, § 901]
The lawful use or existence of a building or structure or the
lawful use of any parcel of land as existing and lawful at the time
of the enactment of this Chapter or any amendment thereto, may, except
as provided in this Chapter, be continued, although such use does
not conform with the provisions of this ordinance or subsequent amendments.
[Ord. 1972-10, 10/16/1972, Art. IX, § 902; as amended
by Ord. 1981-2, 7/2/1981, § 1]
1.
A use of land or structure which does not conform to the regulations
of Part 4, Use Regulations, shall not be altered, reconstructed, extended,
nor enlarged, except in accordance with the following provisions:
A.
Such alteration or extension shall be permitted only by special exception under the provisions of Part 11 and only upon the same lot as in existence at the date the use became nonconforming which lot shall have then been arranged, intended and designed for such nonconforming use as of the effective date of the zoning Chapter creating the nonconformity.
B.
Any increase in volume, area, or extent of the nonconforming use
shall not exceed an aggregate of more than 25% during the life of
the nonconformity.
2.
A structure which does not conform to the regulations of this Chapter other than Part 4, Use Regulations, may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that if the use or structure also falls under § 903(1) any change shall be subject to the provisions of that paragraph.
[Ord. 1972-10, 10/16/1972, Art. IX, § 903]
No structure damaged by fire or other causes to the extent of
more than 75% of its fair market value shall be repaired, reconstructed,
or used except in conformity with the regulations of this Chapter.
Structures with damage to the extent of 75% or less of the fair market
value may be reconstructed, repaired, or used for the same nonconforming
use subject to the following provisions:
[Ord. 1972-10, 10/16/1972, Art. IX, § 904]
Whenever a nonconforming use has been discontinued for a period
of one year and such use has been abandoned, such use shall not thereafter
be re-established, and any future use shall be in conformity with
the provisions of this Chapter.
[Ord. 1972-10, 10/16/1972, Art. IX, § 905; as amended
by Ord. 2001-1, 1/22/2001, § 1]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use,
together with the specific activity conducted or otherwise lawfully
proposed and permitted to be conducted thereunder, may be changed
to a specific activity to be conducted under another nonconforming
use, provided that the following conditions are satisfied:
1.
Such change shall be permitted only by special exception granted by the Zoning Hearing Board pursuant to the provisions of Part 11 of this Chapter.
2.
The applicant shall show by clear and convincing evidence that the
existing nonconforming use and the specific activity conducted or
otherwise lawfully proposed and permitted to be conducted thereunder
cannot reasonably be changed to a permitted use in the district where
such nonconforming use is located.
3.
The applicant shall show by clear and convincing evidence that the
proposed specific activity to be conducted under another nonconforming
use will be less objectionable in external effects than the specific
activity conducted or otherwise lawfully proposed and permitted to
be conducted under the existing nonconforming use with respect to:
4.
The activity to be conducted under another proposed nonconforming
use shall be limited in nature and scope to the specific activity
as proposed and approved, subject nevertheless to such conditions
and restrictions as may be imposed by the Zoning Hearing Board.
[Ord. 1972-10, 10/16/1972, Art. IX, § 906]
No nonconforming use shall be extended to displace a conforming
use.
[Ord. 1972-10, 10/16/1972, Art. IX, § 907]
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
or structures existing therein.
[Repealed by Ord. 1991-3; Ord. 1972-10, 10/16/1972, Art.
IX, § 908; and repealed by Ord. 1991-3, 2/18/1991, § 3]
