Any land, the existing lawful use of which at the time of passage of this chapter, does not conform with the regulation of the district on which it is located, shall have such use considered as nonconforming use, which may continue on such land but shall be subject to all the other pertinent regulations covering nonconforming uses.
Any lawful building or the lawful use of any building existing at the time of the passage of this chapter that does not conform to use, height, location, size or bulk, with the regulations of the district in which it is located shall be considered a nonconforming building or use, and may continue such use in its present location, but shall be subject to all other pertinent regulations covering nonconforming uses.
A building for which a valid zoning permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a nonconforming use. Buildings not under actual construction at the time of passage of this chapter shall be built in conformity with its requirements.
[Amended 3-11-2004 by Ord. No. 2004-05]
A nonconforming building, structure or use will be considered as such unless and until it complies with the regulations of the district in which it is located. Such use may be changed to a use of the same class of district but shall not be changed to a use designated for a district having less restrictive regulations. The Zoning Hearing Board shall have the discretion to determine what change of nonconforming use is of the same or more class of district.
A nonconforming use, when discontinued, may be resumed any time within one year from such discontinuance, but not thereafter. The resumption may be of the same class of use, but shall not be resumed as a nonconforming use of a lower class.
[Amended 3-11-2004 by Ord. No. 2004-05]
Any lawful, nonconforming use of a portion of a building may be extended throughout the building or any building of which a lawful, nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter.
The Zoning Hearing Board shall have discretion to determine what resumption or change of nonconforming use is of the same class of use and permissible.
A nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the same nonconforming use; provided, that: (1) the reconstructed building shall not exceed in height, area and volume the building destroyed, and (2) building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.
A nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.
A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not to exceed one year in any case.
[Amended 3-11-2004 by Ord. No. 2004-05]
Any sign, signboard, billboard or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of the district in which it is located, shall be considered a nonconforming use and may continue in such use in its present location for a period of two years from the date of the passage of this chapter but not after. The continuation of such nonconforming use after the expiration of two years shall be a violation of this chapter. If a sign is relocated or replaced, it shall be made to comply with all provisions of this chapter. Nonconforming temporary signs or signs for which no permit was obtained shall be removed within 90 days from the date of adoption of this chapter.
All nonconforming uses of land shall be discontinued and all nonconforming buildings or structures shall be torn down, or otherwise made to conform within 10 years of adoption of this chapter for junkyards, commercial animal or stock yards and lumber yards not on the same lot with a plant, sales facility or a factory.