The existing lawful use of land which at the
time of passage of this chapter[1] or any subsequent amendment does not conform with the
regulations of the district in which it is located should have such
use considered as nonconforming use. This nonconforming use may continue
on such land but shall be subject to the regulations covering nonconforming
use.
[1]
Note: For the purpose of this article, the
time of passage shall refer to the original year of adoption of 1969.
Any lawful building or the lawful use of any
building existing at the time of the passage of this chapter[1] 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 the regulations
covering nonconforming uses.
[1]
Note: For the purpose of this article, the
time of passage shall refer to the original year of adoption of 1969.
A building for which a valid building permit
has been issued and is actually under construction to the extent of
completion of footings may be completed as a nonconforming use. Buildings
for which no permit has been issued at the time of passage of this
chapter[1] shall be built in conformity with its requirements.
[1]
Note: For the purpose of this article, the
time of passage shall refer to the original year of adoption of 1969.
A nonconforming building or use shall 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 discretion to determine what change of nonconforming
use is of the same class of district.
A nonconforming use, when discontinued, may
be resumed any time within one year from such discontinued date, but
not after, as the same class of use, but cannot be resumed as a nonconforming
use of a lower class.
Any lawful nonconforming use of a portion of
a building may be extended throughout the building and any lawful
nonconforming 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, provided that the area of such building shall not be
increased by more than a total of 25% of the gross square footage
of floor area of such building existing on the date it first became
lawful nonconforming building or a building of which a lawful nonconforming
use is made, or 25% of the gross square footage of the lot coverage
area of the original nonconforming use, and provided further that
any structure alteration, extension or addition shall conform with
all the height, area, width, yard and coverage requirements for the
district in which it is located and with all other applicable provisions
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. Such approval shall expire
if the applicant fails to obtain a building permit within six months
of the date of authorization thereof.
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 nonconforming use, provided that:
A nonconforming building which has been legally
condemned shall not be rebuilt or used except in accordance with the
provisions of this chapter.
For nonconforming signs, see § 230-210G.
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 exceeding one year.
[Added 4-26-2004 by Ord. No. 1155; amended 6-28-2004 by Ord. No.
1156]
Future construction of additions, patios, decks
and accessory structures on nonconforming lots in subdivisions approved
pursuant to Section 703 of this chapter[1] (repealed by Ordinance No. 1146) shall be governed by Article VII, § 230-55I.
[1]
Editor's Note: Refers to former Section 703
as referenced in the original numbering system for Ord. No. 1143.
