Within the districts established by this chapter, or amendments
hereto, there exist lots, uses, and structures 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
amendments. It is the intent of this chapter to permit lawful nonconforming
lots, uses and structures to continue to exist, subject to the following
controls and restrictions.
A.
Subject to the provisions of this chapter, a nonconforming lot, nonconforming
structure or nonconforming use may be continued even though such does
not conform to the provisions of these regulations for the district
in which it is located.
B.
The Zoning Officer may keep and maintain a list of all nonconforming
lots, 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.
A.
Expansion or enlargement.
(1)
A nonconforming use may be expanded or enlarged upon approval as a special exception and subject to the general criteria set forth in Article VIII with regards to special exceptions and compliance with the following criteria:
(a)
The extension becomes an attached part of the main structure
and does not utilize additional or adjoining land area other than
the original parcel.
(b)
The extension does not encroach upon the lot area requirements
and the maximum building height and other dimensional requirements
of the zoning district in which the nonconforming use is presently
located.
(c)
The extension is for the purpose of expanding the nonconforming
use in existence at the time of the adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(d)
Such extension does not result in an increase in total floor
area or lot use area of more than 25% of the floor area or lot area
as the same existed at the time of adoption of this chapter or amendment
thereto which caused the use to become nonconforming.
(e)
Adequate parking can be provided in conformance with this chapter
to serve both the original plus expanded use.
(f)
Such expansion does not present a threat to the health or safety
of the community or its residents.
(2)
This subsection shall not apply to signs.
B.
Abandonment.
(1)
If any nonconforming use of land or building ceases operations for
a continuous period of 12 consecutive months or longer, then this
shall be deemed to be an intent to abandon such use, and any subsequent
use of land shall conform to the regulations of this chapter.
(2)
Failure to market a vacant property for sale or lease for a period
of 12 consecutive months or longer will result in abandonment and
evidence of intent to discontinue and abandon a nonconforming use,
building or structure.
C.
Damage or destruction. In the event that a nonconforming use in any
district is destroyed or partially destroyed by fire, flood, explosion
or other casualty, such nonconforming use shall be permitted to be
rebuilt or restored, provided it meets the following requirements:
(1)
The structure shall be properly secured after the damage or destruction;
(2)
A building permit shall be obtained within six months of the date
of casualty, unless the Zoning Hearing Board by special exception
grants a time extension for good cause;
(3)
Work is completed within 12 months from when the building permit
is granted; and
(4)
No new nonconformity is created and no existing nonconformity is
increased.
D.
Change in use.
(1)
A nonconforming use may be changed to a different nonconforming use
only under the following conditions:
(a)
Such change shall only be permitted by special exception, under the provisions of Article VIII of this chapter.
(b)
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
(c)
The applicant shall show that the proposed change will be less
objectionable in external effects than the existing nonconforming
use with respect to:
(2)
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
E.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
A.
Wear and tear. Nothing in this chapter shall prevent the reconstruction,
repairing or rebuilding of a nonconforming building, structure or
part thereof existing at the effective date of this chapter rendered
necessary by wear and tear, deterioration or depreciation, provided
that the work does not constitute expansion or extension of the existing
nonconformity.
B.
Structural alteration. No such structure may be enlarged or structurally
altered in a way that increases its nonconformity.
C.
Damage or destruction. Any nonconforming structure which has been
partially or completely damaged or destroyed by fire or other accident
or casualty may be rebuilt or repaired on its existing foundation
even though such foundation may violate the setback requirements for
the zoning district in which the structure is located, provided that
a building permit is obtained within six months of the date of casualty
and work is completed within 12 months from when the building permit
is granted.
D.
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.
A.
Any lot of record existing at the effective date of this chapter
and held in separate ownership different from that of the adjacent
lots may be developed in accordance with the requirements of the zoning
district of the lot of record.
B.
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 article. No division of any lot shall be made
which does not comply with the requirements of this article. Any change
in lot lines necessary to meet the minimum requirements of this article
shall constitute a revision to the recorded plan and shall meet all
applicable requirements of the Subdivision and Land Development Ordinance.[1]
Signs in existence at the effective date of this chapter or
amendments thereto may be continued subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial
advertising structure or statuary shall be moved to another position
on the building or lot on which it is located after the effective
date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use
may be continued, but the area of such sign or signs shall not be
increased and such sign or signs shall not be structurally altered.
C.
Damage or destruction. In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost of replacement at the time of destruction, such sign shall not be restored or replaced except as permitted in Article VI, Signs, of this chapter.
D.
Whenever any use of building or structure or land or of a combination
of buildings, structures and land ceases, all signs accessory to such
use shall be deemed to become nonconforming and shall be removed within
six calendar months.
