The provisions of this article shall apply to buildings, structures,
signs, lots and uses which became nonconforming as the result of the
application of this chapter to them or from classification or reclassification
of the property under this chapter or any subsequent amendments thereto.
A.
Regardless of the size of a lot legally recorded prior to the passage of this chapter, such lot may be developed for any use permitted in the district in which the lot is located provided that it meets the requirements of § 310-58.
B.
If two or more contiguous lots of record in one ownership occur prior
to passage of this chapter and if one or all of these lots are less
than the requirements of lot width and area as established in this
chapter, the total contiguous area of all the lots shall be considered
as undivided and, unless consolidated into an adjoining lot to become
part of a conforming parcel, no portion of any such nonconforming
lots shall be used to calculate setback or bulk and area requirements
for any adjacent commonly owned lot. Nor shall any portion of any
such nonconforming lots be used for an accessory structure serving
an adjacent lot. Nor shall any primary structure be built on such
nonconforming lot unless such nonconforming lot(s) equals or exceeds
90% conformance with the then-current bulk and area requirements of
this chapter. Nor shall any division of any such parcels be made which
leaves remaining any lot with bulk or area or otherwise having dimensions
that do not meet the current requirements of this chapter. The Zoning
Hearing Board may grant a variance for development of such undersized
lots where a hardship clearly exists.
[Amended 8-28-2019 by Ord. No. 826]
A.
Where at the effective date of adoption or amendment of this chapter
lawful use of land exists that is made no longer permissible under
the terms of this chapter as enacted or amendment, such use may be
continued, so long as it remains otherwise lawful, provided the following
conditions are applied.
(1)
No such nonconforming use of land shall be extended by acquisition
of additional land to occupy a greater area than was occupied at the
time the use became nonconforming.
(2)
No such nonconforming use of land shall be expanded to occupy
an area more than 20% larger than was occupied at the date of adoption
or amendment of this chapter, such land being owned by the operator
of the nonconforming use at the time of adoption or amendment.
B.
If any such nonconforming use of land ceases for any reason for a
period of one year, any subsequent use of such land shall conform
to the regulations specified by this chapter in the district in which
such land is located.
C.
As a result of adoption of this chapter, no illegal use of land which
was initiated under the previous Zoning Ordinance, as amended, shall
become nonconforming, but instead shall be subject to remedy under
the provisions or this chapter regarding violations.
Where a structure exists on a property at the effective date
of this chapter or any amendment to it and which was permitted under
any prior ordinance or amendment at the time the structure was built,
and which does not conform to the requirements of this chapter regarding
height, setbacks from street or lot lines, lot coverage, etc., such
structure may remain, subject to the following provisions:
A.
No such structure may be altered so that its nonconformity with respect
to the location and bulk on the property is increased.
B.
Any replacement of such structure as a result of total damage shall
be carried out in conformance with this chapter, except, however,
partial or total removal of a structure due to fire or act of God,
shall not terminate the nonconforming structure on the premises. Reconstruction
shall not exceed what previously existed.
C.
Should such structure be moved, it shall thereafter conform to requirements
of this chapter regarding location on the property.
D.
When a surface of a building is nonconforming in its relationship to any adjacent property line, such surface may be extended along its existing plane for a length not to exceed the existing surface length if the criteria established in § 310-59C is met but thereafter may not be further extended.
[Amended 9-27-2017 by Ord. No. 797]
F.
The maintaining or strengthening to a safe condition of any nonconforming
structure shall not be denied, provided it meets all the requirements
of this section.
G.
Nonconforming lighting shall be governed by § 310-66H(4) of this chapter.
Where the use of a structure and/or its premises exists lawfully
prior to adoption or amendment of this chapter, and becomes nonconforming
as a result of passage of this chapter, it may remain in the same
use indefinitely, provided the following conditions are applied:
A.
No structure housing a nonconforming use but capable of being enlarged
without violating other requirements of this chapter may be expanded
or increased more than 50% over the permissible area it occupied at
the time of adoption of this chapter or subsequent amendments, or
any previous ordinances or amendments to the same to it that would
make the use nonconforming.
B.
A nonconforming use which occupies part of a structure may be extended throughout the structure it occupies (except as required for home occupations see § 310-69), but the expansion under such circumstances may not be extended to occupy land outside the structure.
C.
Provided no structural alterations are made, any nonconforming use
of a structure may be changed to a different use of an existing structure
which use is a permitted principal use in the zoning district in which
the structure is located.
D.
When a nonconforming use of a structure and/or premises ceases for
a period of one year, such nonconforming use of the structure and/or
premises shall not thereafter be reestablished.
E.
Where a nonconforming use of structure and premises exists in combination,
the removal of the structure and/or use in the structure shall terminate
the nonconforming use of the premises. Partial or total removal of
a structure due to fire, act of God or accident, shall not terminate
the nonconforming use of the premises. Reconstruction shall not exceed
what previously existed.
F.
As a result of adoption of this chapter, no illegal use of a structure
which was initiated under the previous Zoning Ordinance, as amended,
shall become nonconforming, but instead shall be subject to remedy
under the provisions of this chapter regarding violations.
A.
The Zoning Officer may receive applications for certification of
nonconformance from all uses of land and/or buildings made nonconforming
as a result of adoption of this chapter.
B.
The Zoning Officer may keep the data current by the addition of nonconforming
uses as amendments to this chapter and by the deletion of nonconforming
uses as they are eliminated.
C.
When the Zoning Officer identifies a nonconforming use, he may inform
the property owner by mail, and when the owner verifies the nonconformity,
the Zoning Officer shall issue a certificate describing the nonconformity
and giving it legal stature.
