1. Nonconforming uses shall bear the following rights and limitations:
2. Nonconforming uses shall have the right to expand to parts of the structure out which said uses operate that were expressly designed to accommodate said use.
3. Nonconforming uses shall be entitled to reasonable expansion necessary for said use to continue in operation. Said expansion shall be determined by the Zoning Hearing Board as a special exception wherein the applicant shall demonstrate the following:
1. The expansion of the use is commensurate with changes in production processes, storage, or business operations which typify the principal use of the establishment.
2. The expansion is necessary to maintain the economic viability of the subject establishment.
3. The expansion represents the minimum impact to neighborhood character necessary to accommodate the reasonable expansion.
4. In no case shall an expansion cumulatively exceed an additional 40% of the site or area currently occupied by the establishment or use since the adoption of this Chapter.
4. Nonconforming uses shall lose their status when said use ceases to operate for more than 12 consecutive months and where the structure and business are not actively marketing for sale for a period of more than 12 consecutive months. In said cases, the Zoning Officer shall not register said uses as nonconforming uses.
5. Where the structure in which a nonconforming use operates is completely demolished or destroyed and where a total loss of the ability to repair said structure occurs, the structure and land upon which said structures was situated shall lose its nonconforming use status. The phrase “completely demolished” shall be defined as a total loss of the structure’s value and the inability to repair the structure without rebuilding substantial structural portions of the structure, as determined by the municipal engineer.
6. Change of Nonconforming Use. A property owner may appeal to the Zoning Hearing Board for a change in nonconforming use, where a similar use is proposed. The Board shall evaluate the application in terms of the level of impact on surrounding properties, wherein the applicant shall demonstrate that the use proposed is generally within the same three digit NAICS classification or bears similar operational practices. The Board may attach any conditions as necessary to ensure that the level of impact does not exceed that of the existing nonconforming use.
(Ord. 935, 5/10/2018, §27-1004)