A.
Within any zoning district established by this chapter or subsequent
amendment thereto there exist lots, structures, uses of land, uses
of structures or land and structures in combination, or characteristics
of use, which were lawful before this chapter was passed or amended,
but which would be prohibited, regulated or restricted under the terms
of this chapter or future amendment. It is the intent of this chapter
to permit these nonconformities to continue until they are removed.
It is further the intent of this chapter that nonconformities shall
not be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
B.
Nonconforming uses are declared by this chapter to be incompatible
with permitted uses in the districts involved. A nonconforming use
of a structure, a nonconforming use of land, or a nonconforming use
of a structure and land in combination shall not be extended or enlarged
after passage of this chapter by attachment on a building or premises
or by the addition of other uses of a nature which would be prohibited
generally in the district involved.
C.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
Actual construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavations or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
Any nonconforming lot of record held in single and separate
ownership on the date of enactment of this chapter or any amendment
thereto which rendered such lot nonconforming and continuously held
in single and separate ownership thereafter may be developed for any
use permitted in the district in which the nonconforming lot is located,
provided that such development complies with all setback, coverage,
bulk, height and other requirements.
Where lawful use of land exists at the time of the passage of
this chapter or as a result of a subsequent amendment which would
not be permitted by the regulations imposed by this chapter, and where
such use involves no principal structure, the use may be continued,
provided that:
A.
No such nonconforming use of land, which is ceased, removed, discontinued
or abandoned for a period of one year, shall thereafter be reestablished.
This cessation, discontinuance or abandonment time limit may be extended
by an additional one-year time period where contracts or agreements
are being negotiated, provided that: 1) the property owner makes written
application for an extension, citing the reasons necessary for the
extension and the length of extension requested; and 2) the Zoning
Officer issues a temporary certificate of zoning compliance to register
the reasons for extension, the length of extension, and the nature
of the nonconformity.
B.
No principal structures shall be erected in connection with such
nonconforming use of land.
C.
Expansion of nonconforming uses shall be limited to a maximum aggregate
enlargement of 50% of the area of land so used, as compared to the
land in nonconforming uses at the date of adoption of this chapter.
Contiguous land owned at the effective date of this chapter may be
used for expansion of the nonconforming use. However, for purposes
of this chapter, approved streets or road rights-of-way define the
limit of expansion of any nonconforming use of land, and such uses
shall not extend across said streets or road rights-of-way.
A lawful structure existing at the effective date of adoption
of this chapter or at the date of subsequent amendment that makes
it nonconforming, which could not otherwise be built due to restrictions
on lot coverage, height, yards, its location on the lot, or other
requirements concerning the structure, may remain, subject to the
following provisions:
A.
A dimensionally nonconforming structure shall not be enlarged or
altered in a way that increases its nonconformity, but a structure
or portion thereof may be altered to decrease its nonconformity.
B.
A dimensionally nonconforming structure or portion thereof may be
extended along established existing building lines, provided:
(1)
The extension meets all other applicable yard, lot coverage and height
regulations; and
(2)
Extension or enlargement along the nonconforming setback shall be
limited to a maximum one-hundred-percent increase of the area of land
covered by the portion of structure which is in a nonconforming status.
Extension or enlargement in a conforming manner shall not be subject
to the one-hundred-percent limitation. Any extension or enlargement
shall be regulated by other applicable yard, lot coverage and height
restrictions.
C.
A dimensionally nonconforming structure which has been damaged or
destroyed to any extent by fire, explosion, accident or calamity may
be repaired or reconstructed, provided:
(1)
The rebuilt structure is unchanged in its original size or location
or is less nonconforming than the original structure; and
(2)
Repair or reconstruction is commenced within one year from the date
of damage or destruction. This time limit may be extended by an additional
one-year time period where contracts or agreements are being negotiated,
provided: 1) the property owner makes written application for an extension,
citing the reasons necessary for the extension and the length of extension
requested; and 2) the Zoning Officer issues a temporary certificate
of zoning compliance to register the reasons for extension, the length
of extension, and the nature of the nonconformity. Failure to repair
or reconstruct within one year or within any approved time extensions
thereof shall result in loss of nonconforming rights and any successive
structure shall conform with all applicable ordinance requirements.
D.
A dimensionally nonconforming structure which has been demolished
or destroyed to any extent by deterioration or removal shall not be
reconstructed or structurally replaced, except that:
(1)
Any conforming portion of the dimensionally nonconforming structure
may be reconstructed or replaced; and
(2)
Repairs and maintenance shall be permitted to maintain the dimensionally
nonconforming structure in a safe condition, however:
(a)
Restoration and repairs shall be limited to protective exterior
improvements; and
(b)
A maximum aggregate of 50% of the structural or weight-bearing
components of the nonconforming structure may be replaced during structural
alterations, so that repairs and maintenance do not actually involve
replacement of the old structure with a new one over any period of
time.
E.
Should a dimensionally nonconforming structure be moved for any reason,
then:
If lawful use involving principal structures or land and structures
in combination exists at the effective date of adoption of this chapter
or at the date of subsequent amendment that makes it nonconforming,
the use may be continued so long as it remains otherwise lawful, subject
to the following:
A.
Abandonment of a nonconforming use of a structure (or land and structure
in combination) shall remove the nonconforming status of the structure
(or land and structure in combination) so that the nonconforming use
may not thereafter be reestablished. Furthermore, use of the structure
(or land and structure in combination) shall thereafter conform with
the regulations for the zoning district in which it is located. Abandonment
shall be deemed to have occurred when the nonconforming uses is ceased,
removed or discontinued for a period of one calendar year. However,
this cessation, discontinuance or abandonment time limit may be supplemented
by an additional one-year time period while the property is being
marketed, provided: 1) the property owner makes written application
for an extension, citing the reasons necessary for the extension and
the length of extension requested; and 2) the Zoning Officer issues
a temporary certificate of zoning compliance to register the reasons
for extension, the length of extension, and the nature of the nonconformity.
B.
Extension or enlargement of the structure containing the nonconforming
use or the area of land used for storage, display or sales of products
or materials in combination with the nonconforming uses shall be subject
to the following:
(1)
Expansion of the nonconforming use shall be limited to a maximum
aggregate enlargement of 50% of the area of land so used at the date
of adoption of this chapter or at the date of subsequent amendment
that makes it nonconforming, subject to the requirements that:
(a)
The structure containing the nonconforming use may be enlarged
to cover fifty-percent additional land area; and
(b)
Expansion may include only the same number of stories existing
on the structure at the date of adoption of this chapter or at the
date of subsequent amendment that makes it nonconforming. Additional
stories shall not be permitted; and
(c)
The area of land used for storage, display or sales of products
or materials in combination with the nonconforming use may be enlarged
to cover fifty-percent additional land area; and
(d)
Contiguous land may be used for the maximum fifty-percent expansion,
provided the land so used was owned at the date of adoption of this
chapter or at the date of subsequent amendment that makes it nonconforming
and expansion does not extend across any street or road right-of-way.
C.
The Zoning Hearing Board may, by special exception, permit the substitution
of one nonconforming use for an existing nonconforming use in accordance
with the following criteria and limitations:
(1)
The use proposed to be substituted shall not be more detrimental
to the other uses in the zoning district than the existing nonconforming
use.
(2)
The proposed use to be substituted shall not generate more traffic
than the existing nonconforming use.
(3)
The proposed use to be substituted, if commercial or industrial in
nature, shall not have longer hours of operation than the existing
nonconforming use.
(4)
The proposed use to be substituted shall not generate higher levels
of noise, smoke, glare or other potential nuisance conditions or safety
hazards beyond the boundaries of the property than the existing nonconforming
use.
(5)
The proposed use to be substituted shall not be more detrimental
to the neighboring properties and uses than the existing nonconforming
use.
(6)
The existing nonconforming use shall be completely abandoned.
D.
Where the nonconformity applies to the use of structure (or land
and structure in combination), removal or destruction of the structure
shall eliminate the nonconforming status of the land. Destruction,
for the purposes of this subsection, is defined as damage to an extent
of more than 90% of the replacement cost at the time of destruction.
E.
Where the nonconformity applies to the use of structure (or land
and structure in combination), if the structure (or land and structure
in combination) has been damaged or destroyed to any extent by fire,
explosion, accident or calamity, it may be repaired or reconstructed,
provided:
(1)
The rebuilt structure is unchanged in its original size or location
or is less nonconforming than the original structure; and
(2)
Repair or reconstruction is commenced within one year from the date
of damage or destruction. This time limit may be extended by an additional
one-year time period where contracts or agreements are being negotiated,
provided: 1) the property owner makes written application for an extension,
citing the reasons necessary for the extension and the length of extension
requested; and 2) the Zoning Officer issues a temporary certificate
of zoning compliance to register the reasons for extension, the length
of extension, and the nature of the nonconformity. Failure to repair
or reconstruct within one year or within any approved time extensions
thereof shall result in loss of nonconforming rights, and any successive
structure shall conform with all applicable ordinance requirements.
Nothing in this chapter shall be deemed to prevent any repairs
or maintenance of a nonconforming building or structure.
Any existing use that is permitted as a special exception or
conditional use in a district under the terms of this chapter (other
than a change through Zoning Hearing Board action from one nonconforming
use to another nonconforming use not generally permitted in the district)
shall not be deemed a nonconforming use in such district, but shall
without further action be considered a conforming use. However, expansion,
enlargement or change to that existing use shall be subject to the
same criteria specified for special exception or conditional use approval
within the district and administrative sections of this chapter.
