It is the intent of this chapter to encourage the eventual removal
or reconfiguration of nonconforming uses and structures while at the
same time protecting the rights of property owners to utilize the
current economic use and character of their property, as it was situated
and utilized prior to the adoption of this chapter.
Property owners may request the registration of uses or structures
that do not conform to the provisions of this chapter. The Zoning
Officer, upon such request, shall issue or deny the issuance of such
registrations based upon the provisions of this section and evidence
provided by the applicants for said registration.
Where lots of record exist at the time of adoption of this chapter,
the following shall apply. Where adjacent nonconforming lots of record
under common ownership exist at the time of adoption of this chapter,
said lots shall be considered as one zoning lot, regardless of the
transferring of one or more of said lots to subsequent or varying
ownership. Therefore, the Zoning Hearing Board shall consider no hardship
which has a basis in the configuration of one of said lots. The Zoning
Officer shall approve the construction of principal or accessory structures
and uses on nonconforming lots of record where setbacks, lot coverage,
uses, and all remaining requirements conform to this chapter.
A.Â
Owners of said structures shall have the right to repair, improve,
or expand nonconforming structures only to the extent that the nonconformity
is not increased.
B.Â
Where a nonconforming residential structure, whether principal or
accessory, is demolished, whether by intent of the owner or by damage
or destruction, said structure may be reconstructed within the same
dimensions or altered dimensions, which do not increase any nonconformity
or noncompliance with this chapter, within one year of the date of
said demolition.
C.Â
Where a nonresidential structure, whether principal or accessory,
is demolished by act of God, fire, or accidental damage, said structure
may be reconstructed within the same dimensions within one year of
the date of said demolition.
D.Â
Where a nonresidential structure, whether principal or accessory,
is voluntarily demolished, subsequent structures shall be reconstructed
in accordance with this chapter.
E.Â
Nonconforming signs, unless demolished by act of God or accidentally,
shall be reconstructed in a manner meeting the provisions of this
chapter. Demolition, for purposes of this section, shall not include
replacement of the sign's face.
F.Â
Parking lots, accessory to nonresidential uses, which are nonconforming
with respect to impervious surface coverage, setbacks, and number
of spaces required shall conform to the requirements of this chapter
upon one or more of the following circumstances:
(1)Â
Voluntarily demolition and subsequent reconstruction of the
principal structure(s);
(2)Â
Addition to the principal structure which requires reconfiguration
or elimination of some or all of the parking lot area;
(3)Â
Any change or expansion of the principal use which requires
additional parking spaces in accordance with this chapter.
A.Â
Nonconforming uses shall bear the following rights and limitations:
(1)Â
Nonconforming uses shall have the right to expand to parts of
the structure out of which said uses operate that were expressly designed
to accommodate said use.
(2)Â
Nonconforming uses shall be entitled to reasonable expansion
necessary for said use to continue in operation. Said expansion shall
be determined by the Zoning Hearing Board as a special exception wherein
the applicant shall demonstrate the following:
(a)Â
The expansion of the use is commensurate with changes in production
processes, storage, or business operations which typify the principal
use of the establishment.
(b)Â
The expansion is necessary to maintain the economic viability
of the subject establishment.
(c)Â
The expansion represents the minimum impact to neighborhood
character necessary to accommodate the reasonable expansion.
(d)Â
In no case shall an expansion cumulatively exceed an additional
40% of the site or area currently occupied by the establishment or
use since the adoption of this chapter.
(3)Â
Nonconforming uses shall lose their status when said use ceases
to operate for more than 12 consecutive months and where the structure
and business are not actively marketing for sale for a period of more
than 12 consecutive months. In said cases, the Zoning Officer shall
not register said uses as nonconforming uses.
(4)Â
Where the structure in which a nonconforming use operates is
completely demolished or destroyed and where a total loss of the ability
to repair said structure occurs, the structure and land upon which
said structures was situated shall lose its nonconforming use status.
The phrase "completely demolished" shall be defined as a total loss
of the structure's value and the inability to repair the structure
without rebuilding substantial structural portions of the structure,
as determined by the Municipal Engineer.
B.Â
Change of nonconforming use. A property owner may appeal to the Zoning
Hearing Board for a change in nonconforming use, where a similar use
is proposed. The Board shall evaluate the application in terms of
the level of impact on surrounding properties, wherein the applicant
shall demonstrate that the use proposed is generally within the same
three-digit NAICS classification or bears similar operational practices.
The Board may attach any conditions as necessary to ensure that the
level of impact does not exceed that of the existing nonconforming
use.
