[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
Any nonconforming structure may remain although such structure
does not conform to the dimensional requirements of this chapter.
[Ord. No. 2015-03, 6/3/2015]
If any nonconforming building or structure shall be destroyed
or damaged by reason of wind, storm, fire, explosion or other act
of God, or torn down by the owner thereof, such building or structure
may be restored or rebuilt at its original location provided that
the original location is at least 16 1/2 feet from the center line
of a public road or at an alternate location provided the alternate
location does not involve a greater encroachment into the required
setback or yard area than did the original location and provided such
restoration or reconstruction is commenced within one year of the
date of the casualty and it is completed within one year thereafter.
Unless such building or structure is restored or reconstructed as
set forth above, it shall be considered abandoned and shall not be
restored or reconstructed except in conformance with the provisions
of this chapter.
[Ord. No. 2015-03, 6/3/2015]
A nonconforming building or structure may be extended, expanded
or altered provided the extension, expansion, or alteration does not
involve a greater encroachment into the required setback or yard area
than did the original building or structure.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
Any nonconforming lot may be continued although such lot does
not conform to the lot requirements of the district in which it is
located.
[Ord. No. 2015-03, 6/3/2015]
The provisions of this chapter shall not prevent the construction
of a structure, provided the setback, height and other applicable
dimensional requirements are met, or the establishment of a use on
any nonconforming lot.
[Ord. No. 2015-03, 6/3/2015]
[Ord. No. 2015-03, 6/3/2015]
Any nonconforming use may be continued indefinitely although
such use does not conform to the provisions of this chapter. Unless
specifically provided by the Zoning Hearing Board for a particular
use, no change of title or possession or any other change in status
of a property on which a nonconforming use exists shall prevent the
continuance of such nonconforming use.
[Ord. No. 2015-03, 6/3/2015]
The Zoning Hearing Board may permit the extension or expansion
of a nonconforming use provided:
1.
The extension or expansion of the nonconforming use must be confined
to the lot on which the use was located at the time the use became
nonconforming.
2.
Driveways, off-street parking, and off-street loading areas consistent
with the standards required by this chapter must be provided.
3.
All setback, lot area, building coverage and building height requirements
for permitted uses in the zoning district where the nonconforming
use is located must be complied with.
4.
Extension or expansion of a nonconforming use shall be restricted
to an additional area not exceeding 50% of the area devoted to the
nonconforming use at the time such use became nonconforming.
5.
To the extent reasonably possible, appearance must be rendered harmonious
with surrounding properties. This includes, but is not limited to,
landscaping, enclosure of principal and accessory uses, height control,
sign control, architectural control, and maintenance in good condition
of all improvements and open spaces.
6.
Buffers and screens must be provided as necessary to adequately protect
neighboring properties including, but not limited to, fences, walls,
plantings, and open spaces.
7.
The Zoning Hearing Board may impose such additional requirements
as may be reasonable to assure that the proposed extension or expansion
will not adversely affect the use or enjoyment of neighboring properties.
[Ord. No. 2015-03, 6/3/2015]
Once changed to a conforming use, no building, structure or
land shall be permitted to revert to a nonconforming use. The Zoning
Hearing Board may by special exception permit a nonconforming use
to be changed to another nonconforming use or a combination of nonconforming
uses that may, but need not include, the original nonconforming use.
The Zoning Hearing Board shall require that:
1.
The applicant establishes that the nonconforming use cannot reasonably
be changed to a permitted use.
2.
The applicant establishes that the proposed nonconforming use or
uses will not have greater adverse impact upon adjacent property and
the general neighborhood than the existing nonconforming use or uses.
In making this determination, the Zoning Hearing Board shall consider
particularly the effect upon adjacent property and the general neighborhood
of the following:
A.
Signs and lighting.
B.
Extent and appearance of buildings or structures.
C.
Traffic generation and congestion, including truck, automobile, and
pedestrian traffic.
D.
Parking and loading.
E.
Emission of noise, odors, fumes, glare, vibrations, smoke vapors,
gases, waste or stormwater runoff.
F.
Fire, explosion or other hazards.
G.
Storage and Waste Disposal. The proposed nonconforming uses may not
cause an increase in outside storage.
3.
The total space consumed by the proposed nonconforming use or combination
of nonconforming uses may not exceed the space consumed by the original
nonconforming use or uses by more than 50%.
4.
If the space to be utilized for the proposed nonconforming use or uses is to be enlarged, the applicant must establish that all of the requirements set forth in § 27-1709 hereof regarding the extension or expansion of nonconforming uses will be complied with.
5.
The Zoning Hearing Board may impose such additional requirements
as may be reasonable to assure that the change of use or uses will
not adversely affect the use or enjoyment of neighboring properties.
[Ord. No. 2015-03, 6/3/2015]
1.
If a nonconforming use of a building or land ceases and is abandoned
for a continuous period of one year or more, subsequent use of such
building or land shall be in conformity with the provisions of this
chapter. For purposes of this chapter, abandonment shall commence
when reasonable efforts to reestablish (such as lease, rental, sale,
etc.) a nonconforming use have ceased.
2.
If nonconforming use of land ceased for any length of time for any
reason, subsequent use of such land shall be in conformity with the
provisions of this chapter.
