Definition. See
§ 901: Definition for terms associated with nonconformities.
Continuation.
The lawful use or existence of a building or structure or the lawful use of any parcel of land as existing and lawful at the time of the enactment of this Chapter or any amendment thereto, may, except as provided in this Chapter, be continued, although such use does not conform with the provisions of this ordinance or subsequent amendments.
Alteration or Extension.
1. A use of land or structure which does not conform to the regulations of
Part 4: USE REGULATIONS, shall not be altered, reconstructed, extended, nor enlarged, except in accordance with the following provisions:
A. Such alteration or extension shall be permitted only by special exception under the provisions of
Part 11: ZONING HEARING BOARD and only upon the same lot as in existence at the date the use became nonconforming which lot shall have then been arranged, intended and designed for such nonconforming use as of the effective date of the zoning Chapter creating the nonconformity.
B. Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 25% during the life of the nonconformity.
2. A structure which does not conform to the regulations of this Chapter other than Part
4, Use Regulations, may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that if the use or structure also falls under Subsection 1 of this section, any change shall be subject to the provisions of that paragraph.
Restoration.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed, or used except in conformity with the regulations of this Chapter. Structures with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired, or used for the same nonconforming use subject to the following provisions:
1. The reconstructed structure shall not exceed the height, area, or volume of the damaged structure except as provided in the previous section.
2. Reconstruction shall begin within one year from the date of the damage and shall be carried on without interruption.
Abandonment.
Whenever a nonconforming use has been discontinued for a period of one year and such use has been abandoned, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this Chapter.
Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use, together with the specific activity conducted or otherwise lawfully proposed and permitted to be conducted thereunder, may be changed to a specific activity to be conducted under another nonconforming use, provided that the following conditions are satisfied:
1. Such change shall be permitted only by special exception granted by the Zoning Hearing Board pursuant to the provisions of Part
11 of this Chapter.
2. The applicant shall show by clear and convincing evidence that the existing nonconforming use and the specific activity conducted or otherwise lawfully proposed and permitted to be conducted thereunder cannot reasonably be changed to a permitted use in the district where such nonconforming use is located.
3. The applicant shall show by clear and convincing evidence that the proposed specific activity to be conducted under another nonconforming use will be less objectionable in external effects than the specific activity conducted or otherwise lawfully proposed and permitted to be conducted under the existing nonconforming use with respect to:
A. Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
B. Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
C. Storage and waste disposal.
D. Appearance.
E. Parking facilities.
4. The activity to be conducted under another proposed nonconforming use shall be limited in nature and scope to the specific activity as proposed and approved, subject nevertheless to such conditions and restrictions as may be imposed by the Zoning Hearing Board.
Displacement.
No nonconforming use shall be extended to displace a conforming use.
District Changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.
