Nonconforming status.
All buildings, structures, uses of land, uses of buildings, lots and signs which do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this chapter shall be considered as nonconforming, provided that:
A. They lawfully existed on the date of passage of this chapter; or
B. They lawfully existed on the date of passage of a text or map amendment to this chapter, which amendment caused the nonconforming status.
Classifications.
Nonconforming status shall be classified as follows:
A. Nonconforming use: the existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
B. Nonconforming building or structure: any existing lawful building or structure that does not conform to the height, location, size, bulk or other dimensional requirements of the district in which it is located. This does not include signs.
C. Nonconforming lot: any existing lawful lot which does not conform to the area and/or width requirements for lots in the district in which it is located.
D. Temporary nonconforming use: 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 90 days on the approval of an application for a special exception by the Zoning Hearing Board.
Regulations for nonconforming status properties.
The following regulations shall govern all properties to which nonconforming status is applied:
A. Nonconforming status shall continue, and a property may continue to be used as nonconforming until it complies with the requirements of this chapter.
B. Change of use. A nonconforming use may only be changed to a different nonconforming use if approved as a special exception. A special exception for a change from one nonconforming use to another shall be based upon the applicant proving that the new use will not be more intense than the previous use, and the measure of intensity shall take into consideration the following:
(1) Traffic volume, ingress and egress and internal circulation movements;
(2) Noise and the use of hazardous substances;
(3) There shall be no additional outdoor storage;
(4) The new nonconforming use must be compatible with the character of the surrounding area;
(5) The appearance from the street must remain identical to the previous nonconforming use;
(6) There shall be no additions to an existing structure;
(7) The weekday PM peak traffic trips generated shall be the same or less than the previous use. The trips shall be measured by the latest version of the Institute of Transportation Trip Generation Manual;
(8) The previous nonconforming use must be either a commercial or industrial use and the change in nonconforming use must be commercial if the previous use was commercial or industrial if the previous use was industrial, but in either event, a residential nonconforming use shall not be eligible for a special exception. A special exception cannot be granted if a commercial use is being converted to industrial or vice versa. If a nonconforming use is changed to a conforming use, then the previous nonconforming status shall become null and void.
C. Discontinuance. 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 or use, but shall not be of a lower (less restrictive) classification.
D. Extension or expansion. A nonconforming use, building or structure, not including signs, may be extended or expanded in compliance with the following:
The parcel on which extension or expansion occurs shall include only that lot, held in single and separate ownership, on which the use, building or structure existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
A building which houses a nonconforming use may be expanded only to the extent that new construction complies with the dimensional and lot coverage standards of the district in which the building is located.
(a) A nonconforming use shall not be expanded throughout a building by a total cumulative amount greater than 25% beyond the size of the nonconforming use when it first became nonconforming. A nonconforming use shall not be expanded on the land comprising the nonconforming use by a total cumulative amount greater than 25% of the land mass that encompassed the nonconforming use at the time the nonconforming use first became nonconforming. This expansion for either a nonconforming use within a building or a nonconforming use on land cannot be expanded again after it has reached 25% of the square footage of the nonconforming use within the building or 25% of the square footage of the land mass comprising the original nonconforming use.
Any expansion of a nonconforming use shall comply with the dimensional and lot coverage requirements of the applicable district.
In cases where a building is nonconforming as to front, side or rear yard setback, an addition may be built on a line with the existing building, as long as it does not create an additional encroachment into a required yard. Any increase in the degree of nonconformity with regard to required setbacks will require a variance.
E. Use of nonconforming buildings. A nonconforming building may be used for any use permitted in the district in which such building is located. Any expansion of such a building shall comply with the provisions of Subsection
D above. The following regulations apply to buildings:
(1) Buildings under construction to the extent of completion of footings may be completed as nonconforming buildings, provided that valid building permits have been issued for those buildings.
(2) Buildings not yet under construction shall be built in conformance with this chapter.
(3) The use or uses of buildings governed by Subsection E(1) and/or (2) above shall comply with the permitted uses for the district in which they are located.
(4) Nonconforming primary structures damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a) The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth and volume.
(b) Building reconstruction shall be started within one year from the date the building was damaged or destroyed and shall be carried out without interruption.
(c) The building will pose no hazards to safety by virtue of its location.
(5) Legally condemned nonconforming buildings shall not be rebuilt or used except in conformance with this chapter.
F. Development of nonconforming lots. An undeveloped nonconforming lot may be used for a single-family detached dwelling or another single use that is permitted in the district in which such lot is located, in compliance with all the dimensional and lot coverage standards of such district. Any development not in compliance with such standards shall require a variance from the Zoning Hearing Board.
G. Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots shall be developed in groups thereof in order to provide the minimum lot area and frontage required for each structure and shall not be considered nonconforming as to area or width.
