The regulations of this article shall apply
to existing lots, structures, uses and signs that do not conform to
the regulations of the zoning district in which they are located and
were either in existence prior to the effective date of this chapter,
or subsequent amendments, or are rendered nonconforming by the adoption
of this chapter. As such, they shall be known and regarded as nonconforming,
and the following regulations, as applicable, shall apply to them.
Provided, however, that the burden of proof shall remain upon the
landowner to prove that a lot, structure, use or sign is lawfully
nonconforming.
A.
Nonconforming lots.
(1)
A lot which contains no structures and which is held
in single and separate ownership on the effective date of this chapter,
or subsequent amendments, or rendered nonconforming by this chapter,
which does not meet the minimum lot area requirement or lot width
requirement at the building line of the zoning district in which it
is located, or which is of such unusual dimensions that the owner
cannot reasonably comply with one or more of the other dimensional
requirements of the zoning district in which it is located, may be
used or a structure may be erected thereon for use as limited by the
use regulations of the zoning district in which the lot is located,
subject to the following conditions:
(a)
The owner does not own or control contiguous
property sufficient to enable the owner to comply with the minimum
lot area, width, building coverage, yard and height regulations and
design standards of the zoning district in which the property is located.
For purposes of this regulation, a nonconforming lot under common
ownership with a contiguous conforming or nonconforming lot shall
be considered one lot.
(b)
The proposed structure or use shall comply with
the design standards and the width, building coverage, yard and height
regulations, except minimum lot size and lot width at the building
line, of the zoning district in which the lot is located. Otherwise,
the lot shall not be used or a structure erected unless a variance
is granted by the Zoning Hearing Board.
B.
Nonconforming structures.
(1)
Continuation. Any lawful nonconforming structure existing
on the effective date of this chapter, or subsequent amendments, or
rendered nonconforming by this chapter, may continue to exist and
be used. Such structures shall not further deviate from the provisions
of this chapter, except as explicitly provided herein.
(2)
Restoration. Any lawful nonconforming structure which
has been involuntarily damaged by fire, explosion, flood or similar
cause or legally condemned as unsafe, may be restored or reconstructed
within the limits of the existing foundation or footprint as the damaged
structure, provided that:
(3)
Alteration and enlargement.
(a)
Any lawful nonconforming structure existing
on the effective date of this chapter, or subsequent amendments, or
rendered nonconforming by this chapter, may be altered or enlarged,
provided that such alteration or enlargement conforms to all of the
lot area, width, building coverage, height and yard regulations and
design standards of the zoning district in which it is located. For
example, if a structure is nonconforming by virtue of its encroachment
into the front yard setback, it may be altered or enlarged so long
as the enlargement conforms to the front yard setback. If the new
addition or enlargement cannot meet the required front yard setback,
it shall not be permitted unless, upon application, the Zoning Hearing
Board grants a variance.
C.
Nonconforming uses.
(1)
Continuation. Any lawful nonconforming use of a structure
or of land legally existing on the effective date of this chapter,
or subsequent amendments, or rendered nonconforming by this chapter,
may continue to exist and be used.
(2)
Alteration and expansion. Any lawful nonconforming
use of a structure or land may be altered or expanded, but only in
strict conformity with the following regulations:
(a)
Such alteration or expansion shall conform to
all of the lot area, width, building coverage, height and yard regulations
and design standards of the zoning district in which it is located.
(b)
The alteration or extension of the nonconforming
use shall be limited to and permitted on only the same lot that was
in existence when the use first became nonconforming.
(c)
The total increase in area of the nonconforming
use of a structure shall not exceed an aggregate total of more than
25% of the total floor area which is devoted to the nonconforming
use. Floor area shall be based upon the total floor area of the structure
at the time the use first became nonconforming. For example, if all
other requirements of this chapter are met, a nonconforming use may
be expanded once by 10%, and a second time by not more than 15% of
the total floor area of the structure as it existed at the time the
use first became nonconforming. If prior to the effective date of
this restriction the use has been expanded by a percentage greater
than 25%, it shall not be entitled to any further expansion under
this section.
(d)
The total increase in area of the nonconforming
use of land shall not exceed an aggregate total of more than 25% of
the total area of the lot which is devoted to the nonconforming use.
(3)
Change in use. Once changed to a conforming use, whether within a structure or on land, the conforming use shall not be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only when approved by the Zoning Hearing Board as a special exception pursuant to Article IX and under the following conditions:
(a)
The applicant shall prove that the proposed
nonconforming use cannot reasonably be changed to a use permitted
in the zoning district in which it is located.
(b)
The applicant shall prove that the proposed
change in use will have the same or less impact than the existing
nonconforming use with respect to the following factors:
Whenever the title to a lot is transferred,
such transfer shall not by itself adversely affect the lawful status
of a lawful nonconforming lot, structure, use or sign.
Whenever a lawful nonconforming use of land
or of a structure is abandoned or discontinued or the use is removed
for a period of 12 consecutive months, or the structure constituting
or housing the nonconformity is razed and not reconstructed within
a period of 12 consecutive months, such abandonment or discontinuance
shall be presumed to constitute an intention to abandon or discontinue
such use, and subsequent use of such land or structure shall conform
to the regulations of the zoning district in which it is located,
unless the Zoning Hearing Board, as a matter of law, determines that
such abandonment has not occurred.
Whenever the boundaries of a zoning district
are changed, and the change results in a transfer of a lot from one
zoning district to another zoning district, the provisions of this
article shall apply to any lawful nonconforming uses or structures
existing in the zoning district to which the lot has been transferred.
A.
No special exception shall be granted under the provisions
of this article with respect to any property in violation of the lot
area, width, building and impervious coverage, setback, height and
yard regulations and design standards of this zoning district in which
the property is located, unless a variance is granted by the Zoning
Hearing Board from the regulation which is otherwise applicable. The
owner of a nonconforming use or other nonconformity has no inherent
right to expand, alter or use any nonconformity in conflict with the
applicable zoning district regulations.
B.
In those zoning districts in which the district regulations
establish different design standards or lot area, width, building
and impervious coverage, setback, height or yard regulations for uses
permitted as of right, by special exception or by conditional use,
no lot shall be construed to be nonconforming for purposes of the
regulations of this article which complies with the minimum lot area
and other regulations applicable to uses permitted as of right. The
regulations applicable to uses permitted by special exception or by
conditional use shall not render the lot nonconforming, unless the
owner demonstrates that the lot cannot reasonably be used for any
use permitted as of right in such zoning district, or the Zoning Hearing
Board grants a variance from the applicable regulations.
C.
No provision of this article which establishes a specific
percentage limitation upon the expansion of a nonconforming use shall
be construed to automatically authorize an expansion to the maximum
permitted, nor shall a variance related to any nonconformity be granted
from the applicable zoning district regulations in excess of the minimum
variance necessary to afford relief. It shall be incumbent upon the
applicant to prove the need for such expansion consistent with established
principles of law.
