1. Where, at the effective date of adoption of amendment of this Chapter, passed February 1, 1971, a lawful use of land, building or structures exists that is made no longer permissible under the terms of this Chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. Restoration. When nonconforming use status applies to the land, the removal of the use shall eliminate the nonconforming status of the land and any further use of land shall conform to the applicable zoning requirements of that district. “Removal,” for the purpose of this subsection, is defined as the removal by any means to any extent of more than 50% of the replacement cost at the time of removal.
B. Extension. A nonconforming use of a building may be extended to any portion of the building that was designed or arranged for such use at the time of adoption or amendment of this Chapter.
C. Reconstruction. In the event that a building or structure containing a nonconforming use is damaged or destroyed by any means to any extent, it may be reconstructed; provided that such reconstruction does not occupy an area greater than the structure that was damaged or destroyed, and provided that the reconstruction starts within 18 months. If the structure is reconstructed in strict compliance with the foregoing, the nonconforming use as set forth in the certificate of nonconformance may be resumed.
D. Repairs and maintenance. On any building or structure devoted in whole or in part to a nonconforming use, work may be done as ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing. Remodeling shall be limited to 25% of the current replacement value of the building at the time the application for the permit is made.
2. Nothing in subsection “1" shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by the Code Enforcement Officer or his designee upon order of such Officer.
3. Termination of nonconforming use status. Abandonment. A nonconforming use of land, building or structure which has been abandoned shall not thereafter be returned to such nonconforming use, except when the discontinuance is due to a death and administration of the decedent’s estate, in which event the discontinuance shall not be presumed to start until estate administration is terminated or a court order concerning the disposition of the estate has been entered or when the property is part of a bankruptcy proceeding. For purposes of administration of this Chapter, a nonconforming use shall be considered abandoned when:
A. The use has been discontinued for a period of one year; or
B. The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year.
4. Replacement of nonconforming use. Any land, structure or building on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such land, structure or structure and premises in combination is located and the nonconforming use may not thereafter be resumed.
5. Moving. No such nonconforming use of land, building or structure shall be moved in whole or in part to any other position on the property occupied by such use at the effective date of adoption or amendment of this Chapter.
6. Accessory structure. No accessory structure or building not conforming to the requirement of this Chapter shall be erected in connection with such nonconforming use of land, building or structure. Any existing accessory structure shall be allowed to expand as provided by the requirements of Subsection “7".
7. Special Exceptions. The Zoning Hearing Board may grant a special exception to the following nonconforming situations: expansion of a nonconforming use or change of an existing nonconforming use to another nonconforming use.
A. Expansion. Land, building or structure devoted to a residential or nonresidential use not permitted by this chapter in the district in which it is located may be allowed to expand once by not more than 25% of the existing lot area for nonconforming uses of land or floor area for nonconforming building or structure. The expansion of land, building or structure containing a nonconforming residential or nonresidential use may be authorized by the Zoning Hearing Board only if the following findings of fact are made relative to the proposed expansion:
(1) That the proposed expansion will not adversely affect the health, safety and welfare of persons residing or working in the district;
(2) That the expansion shall not exceed 25% of the total floor area of the nonconforming use;
(3) That such expansion shall only be authorized by the Zoning Hearing Board once;
(4) That the proposed expansion will not cause a depreciation of the value of the other property and uses permitted in the district;
(5) That the proposed expansion will be able to adequately handle increases in traffic and safely ingress and egress;
(6) That the proposed expansion will not adversely affect the privacy of persons residing in the immediate vicinity;
(7) That the proposed expansion will not reduce parking incidental to the nonconforming use;
(8) That the proposed expansion will not increase the hazard in the area of fire, offensive noise, smoke, dust, debris or other objectionable influences;
(9) That the proposed expansion will not inhibit the desirability, feasibility and likelihood of future permitted uses in the district; and
(10) Such expansion shall not be authorized unless the area that is expanded conforms to applicable off-street parking provisions of Part 5.
(11) The Zoning Hearing Board may specify other reasonable restrictions upon the proposed expansion as deemed necessary to protect the health, safety and welfare of persons residing within the vicinity of the nonconforming use.
B. Change. Any nonconforming use of land, building or structure may be changed to another nonconforming use, provided that the following condition is met: that the proposed use is of the same or more restricted classification. When a nonconforming use has been changed to a use of a more restricted classification, such use shall not thereafter be changed to a use of a lesser restrictive classification.
(Ord. 588, 12/13/2010)