This article shall apply to all nonconforming uses, structures
and lots as defined by this chapter. Nothing contained herein shall
require any change in the overall layout, plans, construction, size
or designated use of any development, building, structure or part
thereof for which official approval and required permits have been
granted prior to the effective date of this chapter or any amendment
thereto.
These regulations shall apply to any use of a structure or lot
in any zoning district which is a nonconforming use as defined by
this chapter. Whenever the boundaries of a zoning district shall be
changed so as to transfer an area from one zoning district to another
of a different classification, these regulations shall also apply
to any uses which thereby become nonconforming.
A.
Continuation. Where, at the effective date of adoption or amendment
of this chapter, a lawful use of a lot or structure exists that is
made no longer permissible under the terms of this chapter as enacted
or amended, such use may be sold or otherwise transferred to other
owners and may be continued as long as it remains otherwise lawful
in accordance with the provisions of this article.
B.
Enlargement or expansion.
(1)
No nonconforming use of a lot or structure shall be enlarged
or increased or extended to occupy a greater area than was occupied
at the effective date of adoption or amendment of this chapter, unless
the Zoning Hearing Board, after public hearing, shall interpret that
the enlargement or extension is necessary by the natural expansion
and growth of the nonconforming use. Any such enlargement or expansion
shall conform to the area, height and yard requirements of the zoning
district in which it is located.
(2)
No nonconforming use shall be moved in whole or in part to any
other portion of the lot occupied by such use at the effective date
of adoption or amendment of this chapter.
(3)
Any nonconforming use may be extended throughout any part of
a structure which was designed for such use at the time the use became
nonconforming; however, a nonconforming use shall not be extended
to occupy any structure, except on a lot or portion of a lot owned
at the time the use became nonconforming.
C.
Change of use.
(1)
A nonconforming use shall not be changed to any use other than
a conforming use, except as permitted by the Zoning Hearing Board
in accordance with the following:
(2)
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use. Any change from one nonconforming use to another shall comply with the parking requirements of Article XVIII for the use and shall be subject to the area, bulk and buffer area regulations for such use in the district where such use is authorized.
(3)
Where a nonconforming use exists on a lot, a conforming use
shall not be established on the same lot unless the nonconforming
use is discontinued.
D.
Abandonment. When a nonconforming use of a structure and/or lot is
discontinued or abandoned for 12 consecutive months, the structure
and/or lot shall not thereafter be used except in conformance with
the regulations of the zoning district in which it is located.
E.
Damage or destruction.
(1)
Residential dwellings which are nonconforming uses in the A-P,
C-1, C-2, C-3 or I-1 District may be rebuilt on the existing foundation
in the event of damage or destruction, provided the reconstruction
is started within three years of the date of destruction.
(2)
In the event that damage or destruction of a structure in which
a nonconforming use, other than a dwelling, is conducted involves
50% or less of the total floor area of the structure, repairs or reconstruction
may be undertaken, provided that such restoration is started within
18 months of the date of destruction.
(3)
In the event that a structure in which a nonconforming use,
other than a dwelling, is conducted is damaged or destroyed by fire
or other means to an extent of more than 50% of its total floor area,
the structure shall be reconstructed only to house a conforming use.
These regulations shall apply to all nonconforming structures
as defined by this chapter in all zoning districts.
A.
Structural alteration. No such structure may be enlarged or structurally
altered in a way which increases its nonconformity, except when the
Zoning Hearing Board, after public hearing, may determine undue hardship
and may authorize a reasonable modification of such structure.
B.
Damage or destruction. Any nonconforming structure which has been
partially or completely damaged or destroyed by fire or other means
may be rebuilt or repaired on its existing foundation even though
such foundation may violate the setback requirements for the zoning
district in which the structure is located, provided that the repair
or reconstruction and reoccupancy of the structure occurs within 18
months of the date that the original structure was damaged or destroyed.
C.
Moving. Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the requirements of the zoning
district in which it is located.
D.
Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided
that no structural alterations are made which increase the gross surface
area of the sign; however, nonconforming signs which are damaged or
destroyed to an extent of more than 50% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
(2)
Nonconforming signs may not be enlarged, added to or replaced
by another nonconforming sign, use or structure, except that the interchange
of poster panels shall be permitted.
E.
Repair or maintenance. Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a safe condition of any
structure or part thereof declared to be unsafe by any official charged
with protecting the safety of the public.
The following regulations shall apply to nonconforming lots,
as defined by this chapter.
A.
Any lot of record existing at the effective date of this chapter
may be used for the erection of a structure conforming to the use
regulations of the zoning district in which it is located without
a lot area or lot width variance, even though its lot area and width
are less than the minimum required by this chapter; however, such
lot must comply with the front, rear and side yards, height and lot
coverage standards of the zoning district wherein it is located.
B.
Where structures exist on adjacent nonconforming lots of record which
have front yards less than the minimum depth required, the minimum
front yard for an adjacent undeveloped nonconforming lot of records
shall be the average depth of the nonconforming front yards on the
immediately adjacent developed nonconforming lots on either side of
the undeveloped lot; provided, however, that in no instance shall
the front yard be less than 50 feet from the center line of any public
street.
C.
In the R-2 District, nonconforming lots in Elrama and Gastonville
shall be permitted to utilize reduced lot area, lot width and yard
requirements without obtaining a variance from the Zoning Hearing
Board, if all of the following standards are met:
(2)
The reduced lot area and lot width requirements shall not be
used to further subdivide any existing nonconforming lot of record.
(3)
The reduced lot area, lot width and yard requirements shall
be utilized to permit the construction, reconstruction or enlargement
of a single-family dwelling or two-family dwelling or the construction,
reconstruction or enlargement of a permitted accessory structure to
an existing single-family dwelling or two-family dwelling.
(4)
The minimum lot area required for a single-family dwelling may
be reduced to the existing lot area of the nonconforming lot of record,
but in no case shall it be less than 2,500 square feet.
(5)
The minimum lot area required for a two-family dwelling may
be reduced to the existing lot area of the nonconforming lot of record,
but in no case shall it be less than 5,000 square feet.
(6)
The minimum lot width for a single-family dwelling may be reduced
to the existing lot width of the nonconforming lot of record, but
in no case shall it be less than 25 feet.
(7)
The minimum lot width for a two-family dwelling may be reduced
to the existing lot width of the nonconforming lot of record, but
in no case shall it be less than 50 feet.
(8)
The minimum front yard shall be 15 feet.
(9)
The minimum rear yard for principal structures shall be 20 feet;
the minimum rear yard for accessory structures shall be five feet.
(10)
The minimum side yard shall be five feet.
A.
The owner of a nonconforming use shall make an application for registration
of the nonconforming use, and upon presentation of documentation acceptable
to the Zoning Officer that the use was lawfully in existence prior
to the effective date of this chapter or any amendment which created
the nonconformity, the Zoning Officer shall register the same on a
map and by Washington County Assessor's Tax Parcel Number as
a legal nonconforming use.
B.
In the course of administering this chapter and reviewing applications
for zoning certificates or variances, the Zoning Officer shall register
all nonconforming structures and nonconforming lots as they become
known through the application process.
