A.
Lawful nonconforming uses. The lawful use of any building, structure
or land existing on September 13, 1954 (the effective date of this
chapter), or on the effective date of any amendment to this chapter
or any amendment to the Zoning Map, may be continued as a lawful nonconforming
use although such use does not conform or comply with the regulations
on use prescribed for the zoning district in which the use is located.
However, no nonconforming accessory use shall become the basis for
a nonconforming principal use.
B.
Lawful nonconforming buildings or structures. The lawful existence
of any building or structure existing on September 13, 1954 (the effective
date of this chapter), or on the effective date of any amendment to
this chapter or any amendment to the Zoning Map, may be continued
as a lawful nonconforming building or structure although such building
or structure does not conform or comply with the regulations for lot
area, lot width, height limit, building area, yards, off-street parking
spaces, open space or the like prescribed for the building or structure
(or the lot on which the building or structure is located) in the
zoning district in which the building or structure is located. However,
no nonconforming accessory building or structure shall become the
basis for a nonconforming principal building or structure.
A.
Expansion within same building or structure or over same land. A
lawful nonconforming use may be expanded within the building or structure
in which the use is located or over the land on which the use is located,
provided the following conditions are met:
(1)
The building or structure within which the use is to be expanded,
or the land over which the use is to be expanded, is the same as it
was on September 13, 1954 or on the effective date of that amendment
to this chapter or to the Zoning Map which resulted in making the
use nonconforming.
(2)
The expansion is required in order to preserve the nonconforming
use as a viable entity or to accommodate the natural growth and development
of the nonconforming use.
(3)
The expansion will not exceed 50% of the original nonconforming use.
(4)
The expansion will conform with the height limits and the front,
side and rear yard requirements and other open space requirements
established for the zoning district in which the building, structure
or land is located.
(5)
The expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions set forth in Subsection A(1) to (4) above will be met and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
B.
Expansion over new land. A lawful nonconforming use may not be expanded
over land not previously devoted to the use unless the following conditions
are met:
(1)
The land on which the nonconforming use is located is the same land
as was occupied by the use or devoted to the use on September 13,
1954, or on the effective date of that amendment to this chapter or
to the Zoning Map which resulted in making the use nonconforming.
(2)
The land over which the use is to be expanded abuts or is adjacent
to the land on which the nonconforming use is located.
(3)
The land over which the use is to be expanded will be devoted to
the same lawful nonconforming use as exists on the land on which the
nonconforming use is located.
(4)
The expansion of the use is required in order to preserve the nonconforming
use as a viable entity or to accommodate the natural growth and development
of the nonconforming use, but expansion over the same land on which
the use is located is not possible by reason of such unique physical
circumstances or conditions as would warrant the granting of a variance
by the Zoning Hearing Board.
(5)
The expansion will not exceed 50% of the original nonconforming use.
(6)
The expansion will conform with the height limits and the front,
side and rear yard requirements and other open space requirements
established for the zoning district in which the land over which the
use is to be expanded is located.
(7)
The expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions set forth in Subsection B(1) to (6) above will be met and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
C.
Displacement. No nonconforming use shall be expanded so as to displace
a conforming use.
[Amended 3-24-1986 by Ord. No. 86-2]
A.
A lawful nonconforming use which is abandoned shall be deemed to
have terminated absolutely, and any subsequent use shall conform to
the regulations on uses prescribed for the zoning district in which
the property is located. A nonconforming use shall be deemed abandoned
under the following circumstances:
[Amended 3-24-1986 by Ord. No. 86-2]
A.
Reconstruction of a damaged or destroyed nonconforming building or
structure; resumption of a nonconforming use. If a building or structure
which houses a lawful nonconforming use, or if a building or structure
which is itself a lawful nonconforming structure, is so damaged or
destroyed by casualty that the cost of reconstructing or restoring
the building or structure or the cost of restoring or resuming the
use equals or exceeds 50% of the fair market value of the building
or structure before the casualty (exclusive of foundations), the building
or structure shall not be reconstructed or restored unless it is made
to conform with the regulations for use and the regulations for lot
area, lot width, height limit, building area, yards and open spaces
prescribed for the zoning district in which it is located. The nonconforming
use housed by the damaged or destroyed building or structure shall
not be resumed (even if the building or structure is reconstructed
or restored) but shall be deemed to have terminated.
B.
Alteration of a building or structure which houses a nonconforming
use. A building or structure which houses a lawful nonconforming use
may be altered, modernized or restored and continued to be used for
the nonconforming use, provided that:
(1)
The building or structure is one which was damaged or destroyed by
casualty, but the cost of restoring the building or structure or the
cost of restoring or resuming the use is less than 50% of the fair
market value of the building or structure before the casualty (exclusive
of foundations); the work of restoration is commenced within 12 calendar
months from the date of the casualty and is carried to completion
without undue delay; the work of restoration conforms to the regulations
for height limit, yards and open spaces prescribed for the zoning
district in which the building or structure is located; the building
area will not exceed the building area which existed before the casualty;
and the nonconforming use will not be expanded; or
(2)
The building or structure is not one which was damaged by casualty
but is one which is deteriorated, depreciated or exhausted by wear
and tear and the cost of the alterations, the modernization or the
restoration is less than 50% of the fair market value of the building
or structure (exclusive of foundations); all work conforms with the
regulations for height limits, yards and open spaces prescribed for
the zoning district in which the building or structure is located;
the building area will not exceed the building area which existed
before the work is undertaken; and the nonconforming use will not
be expanded.
C.
Alteration as expansion of a nonconforming use. If the alteration or restoration of a building or structure which houses a lawful nonconforming use is permitted under the conditions of Subsection B(1) or (2), no expansion of the nonconforming use shall be permitted within or outside the building or structure unless the conditions set forth in § 240-59A(1) through (4) are met and the expansion is authorized as a special exception by the Zoning Hearing Board under such appropriate safeguards and conditions as it deems necessary. In determining whether a special exception is to be granted or denied, the Zoning Hearing Board shall only consider whether the conditions of Subsection B(1) or (2) will be met; whether the conditions set forth in § 240-59A(1) through (4) will be met; and whether the expansion will cause substantial harm to the public health, safety, morals or welfare.
D.
Alteration of a nonconforming building or structure which does not house a nonconforming use. Except as prohibited by Subsection A of this section, a building or structure which is itself a lawful nonconforming structure (but which does not house a nonconforming use) may be altered, modernized or restored. However, work on that part of the building or structure which is nonconforming shall conform to the regulations for height limit, yards and open spaces prescribed for the zoning district in which the building or structure is located, and the maximum building area permitted shall be the building area which existed before the work is undertaken or the building area which is prescribed for the zoning district, whichever building area is the greater.
No lawful nonconforming use shall be changed to another nonconforming
use, and no nonconforming use shall be added to a lawful nonconforming
use.
A.
On or before November 1, 1973, and thereafter within 12 calendar
months of the effective date of any amendment to this chapter or to
the Zoning Map, the Zoning Officer (and commencing September 3, 1985
and thereafter, the Building Codes, Property Codes and Zoning Code
Department) shall identify and register in the book to be kept for
that purpose all nonconforming uses and nonconforming structures and
shall issue:
(1)
A certificate of nonconforming use to the owner of a nonconforming use, which certificate shall identify the nonconforming use and shall contain a statement to the effect that no expansion of the use and no reconstruction or alteration of the building or structure which houses the use are permitted except as provided by this Article X.
(2)
A certificate of nonconforming structure to the owner of a nonconforming structure, which certificate shall state the reasons why the structure is nonconforming and shall contain a statement to the effect that no reconstruction or alteration of that part of the structure which is nonconforming shall be undertaken unless the work complies with the provisions of this Article X.
B.
The fact that a nonconforming use or a nonconforming structure is not identified or registered, or the fact that no certificate is issued, shall not be construed so as to permit a change, addition, expansion, reconstruction or alteration prohibited by this Article X, and the duties of the Zoning Officer (and the Building Codes, Property Codes and Zoning Code Department) in identifying and registering nonconforming uses or nonconforming structures shall be deemed only ministerial in nature.
