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1. Must be readily available for timely public service announcements.
2. Digital display signs must have static messages and are not permitted to contain content that clashes or intermittent/moving lights. Display only.
3. Digital display signs must maintain their images for a minimum of 15 seconds.
4. All signs shall be in strict compliance with the 1965 Highway Beautification Act and Corresponding State Laws.
(Ord. 2024-01, 5/13/2024)
Part 9
Nonconformities
Nonconformities
1. Except as otherwise provided in this Section, the lawful use of land or buildings existing at the date of the adoption of this Chapter may be continued, although such use of land or building does not conform to the use regulations specified by this Chapter for the zone in which such land or building is located.
2. Any nonconforming lot or structure existing at the date of the adoption of this Chapter may also be continued.
(Ord. 2024-01, 5/13/2024)
1. Nonconforming Use. Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria:
A. Expansion or alteration of the nonconforming use shall not exceed 35% of the existing buildings, structures, parcels, lots or tracts of land devoted to the nonconforming use. The expansion (or alteration shall be applied to buildings and lots individually and separately. Thus, a building or buildings containing a pre-existing, nonconforming use may be expanded no more than 35% regardless of the size of the lot area devoted to the use. Lot area is also to be calculated separately and individually. Such approved expansion or alteration of a nonconforming use shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
B. With the expansion or alteration of a nonconforming use, access, off-street parking and loading requirements shall be in compliance with Part 7.
C. A nonconforming use may not replace a conforming use.
D. All yard and building requirements shall be in compliance with the standards of the zoning district in which the nonconformity in question is located.
2. Nonconforming Structure. A nonconforming structure may be altered or expanded. If such alteration or expansion is no greater than 25% of the existing nonconforming area as of date the structure became nonconforming (calculated on the ground floor area only), a permit for the expansion/alteration may be issued by the Zoning Officer. If the expansion/alteration is between 25% and 40% greater in area, a special exception from the Zoning Hearing Board is required, in accordance with the provisions of this Chapter.
3. No extension or enlargement of a dimensional nonconformity shall be permitted.
4. Any expansion that will reduce the extent of any nonconformity is allowed by permitted use.
(Ord. 2024-01, 5/13/2024)
If any nonconformity other than a single family dwelling is destroyed by reason of windstorm, fire, explosion, or other act of God or a public enemy, to an extent of more than 75% of the market value of the structure, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired. Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
(Ord. 2024-01, 5/13/2024)
1. A nonconforming use shall be presumed as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this Chapter.
2. In the case of an agricultural use in an non-agricultural zone, the use may continue indefinitely until such time as the use becomes non-agricultural.
(Ord. 2024-01, 5/13/2024)
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