Except as otherwise provided in this section, any use, building,
or structure existing at the time of enactment of this chapter may
be continued, although it is not in conformity with the regulations
specified by this chapter.
If a nonconforming use of land or of a building or structure
ceases or is discontinued for a continuous period of two years or
more, subsequent use of such building, structure, or land shall be
in conformity with the provisions of this chapter.
Any lawful nonconforming use of land exclusive of buildings
and structures and the use contained therein, may be extended upon
the lot upon which it existed on September 19, 1990, but such extension
shall conform to area and lot regulations and to the design standards
of this chapter. The extension of a nonconforming use on a lot shall
be limited to the lot which was in existence on September 19, 1990,
or any amendment thereto creating the nonconformity.
A.
Nonconforming uses. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 425-123C of this chapter:
(1)
Expansion of the nonconformity shall be confined to the lot
on which it was located on September 19, 1990, or any amendment thereto
creating the nonconformity.
(2)
The total of all such expansions or alterations of use shall
not exceed an additional 50% of the area of those buildings or structures
devoted to the nonconforming use as they existed on the date on which
such buildings or structures first became nonconformities. The applicant
shall furnish conclusive evidence as to the extent of the nonconformity
when it was created.
(3)
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
(4)
Provision for yards, building height and building area shall
be consistent with the standards required for permitted uses in the
zone in which the nonconformity in question is located.
(5)
Appearance should be harmonious with surrounding properties;
this feature includes but is not limited to: landscaping, enclosure
of principal and accessory uses, height control, sign control, architectural
control and maintenance of all improvements and open spaces.
(6)
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces.
(7)
The expansion of the nonconforming use shall not create new
dimensional nonconformities or further increase existing dimensional
nonconformities.
(8)
No expansion of a nonconforming use located outside of a structure
existing on September 19, 1990, shall be permitted in the (FP) Floodplain
Zone.
(9)
Excluding expansion, any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming use located in the (FP)
Floodplain Zone shall be permitted when either elevated above the
base flood elevation or floodproofed. In no case shall any modification,
alteration, repair, reconstruction or improvement cause unacceptable
increases in flood height, velocities or frequencies.
B.
Nonconforming structures. Any nonconforming structure may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 425-123C of this chapter:
(1)
Expansion of the nonconformity shall be confined to the lot
on which it was located on September 19, 1990, or any amendment thereto
creating the nonconformity.
(2)
The expansion of the buildings or structures shall not create
new dimensional nonconformities or further increase existing dimensional
nonconformities.
(3)
The total of all such expansions or alterations of use shall
not exceed an additional 50% of the area of those buildings or structures
as they existed on the date on which such buildings or structures
first became nonconformities. The applicant shall furnish conclusive
evidence as to the extent of the nonconformity when it was created.
(4)
No expansion of a nonconforming structure existing on September
19, 1990, shall be permitted in the (FP) Floodplain Zone.
(5)
Excluding expansion, any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming structure located in
the (FP) Floodplain Zone shall be permitted when either elevated above
the base flood elevation or floodproofed. In no case shall any modification,
alteration, repair, reconstruction or improvement cause unacceptable
increases in flood height, velocities or frequencies.
Any nonconforming use may be replaced or substituted by another
nonconforming use by special exception, if the Zoning Hearing Board
determines that the proposed use is at least equally compatible with
the surrounding area than the original nonconforming use. In addition,
the proposed nonconforming use shall not increase any dimensional
nonconformities. The Zoning Hearing Board may attach reasonable conditions
to the special exception to keep the use compatible within its surroundings.
A.
Any lawful nonconforming building or other structure which has been
involuntarily damaged or destroyed by fire, explosion, windstorm,
or other similar active cause may be reconstructed in the same location,
provided that:
(1)
The reconstructed building or structure shall not exceed the
height, area, or volume of the damaged or destroyed building or structure
and such reconstructed building or structure shall not increase any
dimensional nonconformities.
(2)
Reconstruction shall begin within one year from the date of
damage or destruction and shall be carried on without interruption.
(3)
Any lawful nonconforming accessory building may be reconstructed
in the same location, provided that:
(a)
The reconstructed accessory building shall not exceed the height,
area or volume of the prior lawful nonconforming accessory building
and such reconstructed accessory building shall not increase any dimensional
nonconformities.
(b)
The accessory building must be reconstructed within 60 days
from the date the prior accessory building is removed.
B.
Any lawful nonconforming building or other structure which has become
deteriorated or dilapidated may be restored, provided that the restored
building or structure shall not exceed the height, area, or volume
of the original building or structure and such restored building or
structure shall not increase any dimensional nonconformities.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
In any district in which single-family dwellings are permitted,
a single-family dwelling may be erected on any lot of record in existence
on September 19, 1990, provided that all setback, height and lot coverage
requirements of the zone in which the nonconforming lot is located
are met.
Any single-family detached dwelling that was legally in existence
as of September 19, 1990, may be expanded without obtaining a special
exception or variance, provided that such expansion does not result
in a further encroachment into the yard setback requirement or exceed
the lot coverage requirement within the zone.
