[Ord. 658, 4/9/2015]
The following provisions shall apply to all nonconforming uses,
as defined by this chapter:
A.Â
Continuation and Change. A nonconforming use may be sold or otherwise
transferred to other owners and may be continued, but shall not be
changed in use unless to a conforming use.
B.Â
Enlargement or Expansion.
(1)Â
A nonconforming use may be expanded or enlarged only upon approval by the Zoning Hearing Board as a special exception in accordance with the procedures and requirements set forth in Part 9 of this chapter and subject to compliance with the criteria set forth in §§ 27-903 and 27-905 of this chapter.
(2)Â
This subsection shall not apply to signs.
C.Â
Damage and Reconstruction. Any structure which houses a nonconforming
use which is damaged by fire, flood, explosion or other casualty may
be reconstructed and used as before if such reconstruction is initiated
and diligently pursued within 12 months of such casualty and if the
restored structure has no greater lot coverage and contains no greater
cubic content than before such casualty.
D.Â
Abandonment. In the event that any nonconforming use conducted in
a structure or on a lot is abandoned for a period of 12 consecutive
months or longer, such nonconforming use shall be deemed to be abandoned
and shall not be resumed. Once the nonconforming use is abandoned,
the building or structure and/or lot shall not be used except in conformance
with the regulations of the zoning district in which it is located.
[Ord. 658, 4/9/2015]
The following provisions shall apply to all nonconforming structures,
as defined by this chapter, in all zoning districts:
A.Â
Structural Alteration. No nonconforming structure shall be enlarged
or structurally altered in a way that increases its nonconformity.
B.Â
Damage or Destruction. If a nonconforming structure is partially
or completely damaged or destroyed by fire, collapse, explosion or
other disaster, it may be reconstructed or repaired provided that
the reconstruction and repair activities for the structure commence
within one year of the date that the original structure was damaged
or destroyed, and are completed within two years of the date that
the original structure was damaged or destroyed. However, reconstruction
or repair shall not make the structure more nonconforming, in any
respect, than it was prior to damage or destruction.
C.Â
Moving. Should a nonconforming structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
of the zoning district in which it is located.
D.Â
Signs.
(1)Â
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 75% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter.
(2)Â
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.Â
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 populace.
[Ord. 658, 4/9/2015]
The following regulations shall apply to all nonconforming lots,
as defined by this chapter, in any zoning district:
A.Â
Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this chapter. No division of any lot shall be made which does not comply with the requirements of this chapter. Any change in lot lines necessary to meet the minimum requirements of this chapter shall constitute a revision to the recorded plan and shall meet all applicable requirements of the Subdivision and Land Development Ordinance [Chapter 22].
B.Â
Any lot of record existing at the effective date of this chapter
and held in separate ownership different from the ownership of adjoining
lots may be developed in accordance with the requirements of the zoning
district of the lot of record.
C.Â
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 record shall be the average depth of the nonconforming front yards on the adjacent developed nonconforming lots which are in the same block on the same side of the street and in the same recorded plan as the undeveloped lot. Private garages, sheds, swimming pools and similar structures shall be located to the rear of the principal structure and may be permitted in the rear yard, provided that they are located no closer than 10 feet from the rear property line and are not on any easements or rights-of-way, unless otherwise provided in Part 5 of this chapter.
D.Â
A residential lot existing at the time of this chapter's adoption,
which does not meet the lot area/dwelling unit, frontage, front, side
or rear yard setbacks listed under the conventional development option
shall not be considered to be nonconforming in lot area/dwelling unit,
frontage, front, side, or rear yard setbacks if it meets the minimum
lot area/dwelling unit, frontage, front, side, and rear setbacks of
the cluster lot development option.
[Ord. 658, 4/9/2015]
Subject to the provisions of this Part, a nonconforming lot,
nonconforming building or structure, or nonconforming use may be continued
even though such does not conform to the provisions of these regulations
for the zoning district in which it is located. The Zoning Officer
may keep and maintain a list of all nonconforming lots, buildings
and structures or uses existing at the time of the passage of this
chapter, its predecessors or amendments thereto, and which may come
to exist in the future.
