Within the zoning districts established by this
chapter or subsequent amendments thereto, there may exist or will
exist certain nonconforming uses of structures and/or land which,
if lawful before this chapter was passed or amended, may be continued,
subject to certain limitations, although such uses would be prohibited,
regulated or restricted under the terms and provisions of this chapter
or subsequent amendments thereto.
Any lawful nonconforming use and/or nonconforming
structure may be continued except as otherwise provided in this article,
but any nonconforming use and/or structure shall not be enlarged,
reconstructed, structurally altered or changed except as permitted
by provisions of this article.
The Zoning Officer may prepare and maintain
an accurate listing of all nonconforming uses and structures. The
Zoning Officer or the property owner may initiate the process of certifying
the nonconformity of a given property. The Zoning Officer shall issue
a certificate of nonconformity where he finds the use or structure,
although not in compliance with all applicable requirements of the
zoning district in which it is located, to be a lawful nonconforming
use or structure.
The Zoning Hearing Board may grant a special
exception to allow one nonconforming use to be changed to another
nonconforming use, if the Board finds that all of the following provisions
will be met:
A. No structural alterations are made.
B. The proposed change shall be less objectionable in
external effects than that of the previous or existing nonconforming
use, and shall be more consistent with its physical surroundings.
C. There shall be no increase in traffic generation or
congestion, including both vehicular and pedestrian traffic.
D. There shall be no increase in the danger of fire or
explosion.
E. There shall be no increase in noise, smoke, dust,
fumes, vapors, gases, heat, odor, glare, vibration, lighting or electrical
disturbances.
F. There shall be no increased threat to health by any
reason, including that of rodent, vermin or otherwise.
The Zoning Hearing Board may grant a special
exception for the enlargement of a nonconforming use and/or structure,
if the Board finds the following standards will be met:
A. The enlargement will not replace a conforming use.
B. The nonconforming structure and/or use, after enlargement,
shall comply with the yard and lot coverage requirements applicable
to the zoning district in which it is located.
C. The use and/or structure, after enlargement, shall
comply with all applicable off-street parking and/or loading requirements
for said use and/or structure.
D. Not more than one enlargement of a nonconforming use
and/or structure shall be permitted.
E. A nonconforming structure and/or use shall not be
enlarged beyond the limits of the zoning lot on which it is located.
Expansion to an adjoining lot shall be prohibited, even if such adjoining
lot was in the same ownership at the effective date of the adoption
of this chapter.
F. The enlargement shall not exceed 25% of the floor
area or land area as it existed at the time the structure or use first
became nonconforming.
A certificate of intention shall be required
in any instance when a nonconforming use of a structure, building
and/or land is to be discontinued for a period of more than one year
and the owner or operator of the nonconforming use wishes to maintain
a legal nonconforming status. A certificate of intention form shall
be completed by the owner or operator of the discontinued nonconforming
use. Said completed certificate of intention form shall be submitted
to and approved by the Zoning Officer. The applicant shall indicate
in writing the reason or basis for the discontinuation of the nonconforming
use and the anticipated date on which the nonconforming use will resume.
A certificate of intention, as issued and approved by the Zoning Officer,
shall be valid for a period of one year from the date of issuance.
A certificate of intention may be renewed annually by the owner or
operator of the nonconforming use. Failure to renew a dertificate
of intention shall constitute a deemed abandonment of the use and
forfeiture of the legal nonconforming use status of the property.
A certificate of intention may not be renewed to exceed a period of
two years beyond the original date of issuance.