As used in this article, the following terms shall have the
meanings indicated:
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with applicable use or extent of use provisions in a zoning
ordinance or amendments heretofore or hereafter enacted where such
structure lawful existed prior to the enactment of such ordinance
or amendment.
A use of land or of a structure which does not comply with
applicable use provisions in a zoning ordinance or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
Subject to the provisions of this section, a nonconforming use
may be continued even though such does not conform with the provisions
of these regulations for the district in which it is located. Landowners
are required to register all nonconforming uses with the Zoning Officer.
A.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a structure declared unsafe
by a proper authority.
B.
A nonconforming building, structure (excluding signs) may be altered,
improved or reconstructed, provided that the total cost of such work
does not exceed 50% of the fair market value of the structure at the
time of the requested alteration and that the work does not make the
structure any more nonconforming in any aspect. This cost limitation
does not apply if the work involves bringing the structure into conformance
with applicable zoning regulations.
C.
If a nonconforming structure, or use thereof, is destroyed totally
or partially by fire, collapse, explosion or other disaster, it may
be reconstructed (and the nonconforming use thereof continued) if
work commences within one year of the date of destruction and is pursued
diligently to completion. However, reconstruction shall not make the
building or structure more nonconforming, in any aspect, than it was
prior to destruction. Reconstruction must comply with applicable state
and local building codes.
D.
A lawful use in a nonconforming building or structure may expand
within the existing building.
A.
Residential mixed-use, conservation districts.
(1)
All alterations, enlargements or expansions of a nonconforming use
in this district shall be submitted to the Zoning Hearing Board for
approval, provided:
(a)
The property owner may expand up to 25% of the original building
or use area (measured in square feet);
(b)
To allow for continuation and reasonable growth of the use;
(c)
Such expansion shall not exceed applicable area and bulk requirements
and shall not eliminate required off-street parking and/or loading
areas.
(2)
The Zoning Hearing Board may authorize an expansion or enlargement
exceeding the 25% limitation where the expansion is to provide required
off-street parking or loading space or to improve hazardous conditions.
A nonconforming use may be changed to a similar nonconforming use within the same type of use category. When a nonconforming use is changed to a permitted one, it shall not be subsequently changed to a nonconforming use. A change of one nonconforming use to another nonconforming use requires review and approval by the Zoning Hearing Board, in accordance with § 675-74C(6) of this chapter.
Nothing in this chapter shall require any change in plans, construction
or designated use of a building or structure for which a building
permit has been issued and the construction of which shall have been
diligently prosecuted within six months of the date of such permit
and the entire building completed according to approved plans within
one year of the enactment of this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
A.
The intent of the owner to discontinue the use is apparent.
B.
A nonconforming use has been discontinued for a period of six months,
unless other facts show intention to resume the nonconforming use.
C.
It has been replaced by a conforming use.
D.
It has been changed to another nonconforming use under permit from
the Zoning Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, structures or lots of record existing therein.
A.
In any residential or mixed-use district, notwithstanding the regulations
imposed by any other provision of this chapter, a single-family detached
dwelling which complies with applicable zoning restrictions except
for lot area may be erected, provided that the following requirements
are met:
(1)
The lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, at such location, was not prohibited
by any zoning ordinance then in effect.
(2)
The lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by this chapter.
B.
Construction permitted by the above shall comply with all the regulations,
except lot area and yard requirements, applicable to single-family
dwellings in the zoning district in which the lot in question is located.
However, the following yard requirements shall apply:
(1)
Front yards. As prescribed by the regulations for the zoning district in which the lot is located or by the provision for front yard exceptions in Article IV of this chapter.
(2)
Side yards. The dwelling shall be placed on the lot so as to provide
two side yards. A side yard shall not be less than the smaller of
three feet or the minimum side yard prescribed by the regulations
for the applicable zoning district.
(3)
Rear yards. As prescribed by the regulations for the zoning district
in which the lot is located or no less than 10 feet.
A.
Any use for which a conditional use permit has been issued as provided
by this chapter shall not be deemed to be a nonconforming use, but
it shall be deemed a lawful conforming use.
B.
Where a use exists at the effective date of this chapter and is permitted
by this chapter only as a conditional use in the zoning district in
which it is located, then it shall be deemed to be a lawful conforming
use in such zoning district.
A.
Upon adoption of this chapter, the landowner shall provide the Zoning
Officer with a list of all nonconforming signs. A nonconforming sign
cannot be enlarged or altered in any aspect, except to make safety
improvements or changes which will make the sign conforming, or more
conforming, to the provisions of this chapter.
B.
In the case of a nonconforming projecting sign (i.e., a sign attached
to but projecting perpendicularly from a structure or building face),
it must be replaced with a conforming sign whenever there is a change
of ownership of the use or a change of use following the effective
date of this chapter.
C.
If the Zoning Officer orders repairs on any nonconforming sign which
equal 50% or more of the sign's replacement value, then the sign shall
be brought into conformance as part of the repairs.
