ARTICLE XXIII Nonconformity
§150-161. Land.

Any land, the existing lawful use of which at the time an applicable ordinance became effective, that does not conform with the regulations of the district in which it is located shall have such use considered as a nonconforming use, which may continue on such land subject to all pertinent regulations covering nonconforming uses

§150-162. Buildings.

Any lawful building or the lawful use of any building existing at the time an applicable ordinance or amendments thereto became effective that does not conform to use, height, location, size, bulk or other regulations of the district in which it is located shall be considered a nonconforming building or use and may continue as such in its present location, subject to all pertinent regulations governing nonconforming buildings and uses

§ 150-162.1 Expansion of Nonconforming Structure.

Any expansion (including extensions) of a nonconforming structure or other nonconforming improvement shall conform to the area, height, setback, width and yard coverage and all other applicable regulations of the district in which the nonconforming structure or other improvement is located.

**Webmasters Note: The previous section has been added as per Ordinance No. 2005-203.

§ 150 162.2 Vertical Expansion of Nonconforming Structure.

Any new stories or other vertical expansion erected on a nonconforming structure shall be constructed to fulfill all building setback requirements including, but not limited to font yard, rear yard, side yard, area requirements, height limitations and special requirements, and an other applicable regulations of the zoning district in which the structure is located, which regulations shall be applied (except as to height restrictions) on the level upon which such new stories are being erected, Otherwise, a variance for each regulation with which the vertical expansion does not comply must be approved by the zoning hearing board.

**Webmasters Note: The previous section has been added as per Ordinance No. 2005-203.

§150-163. Change of use.

A.nonconforming building or land use shall be considered as such unless and until it complies with the regulations of the district in which it is located By special exception, a nonconforming use of a building or premises may be changed to a use of the same or of a more restricted zoning classification

§150-164. Discontinued use.

A.nonconforming use of a building or land, when discontinued, may be resumed any time within six (6) months from such discontinuance, but not thereafter The resumption may be of the same use only The discontinuance for a period in excess of six (6) months shall raise the presumption of abandonment subject to rebuttal by the property owner by clear and convincing evidence

§150-165. Change of resumption of nonconforming uses.

The Zoning Hearing Board shall have sole discretion to determine what resumption or change of a nonconforming use is permissible

§150-166. Expansion of nonconforming uses.

A. By special exception and subject to the limitations set forth in Subsection B of this section, a lawful nonconforming use of a portion of a building may be expanded within that building, provided that such expansion does not require any major structural alterations

B. By special exception, a nonconforming use of a building or a lot which was legal at the time such use became nonconforming may be expanded so long as that does not exceed either twenty-five percent (25%) of the gross square footage of the floor or twenty-five percent (25%) of the gross lot coverage area existing on the date the use first became nonconforming In addition, any such expansion shall conform to the area, height, setback, width and yard coverage and all other applicable regulations of the district in which the nonconforming use is located

§150-167. Damage or destruction.

In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other cause or otherwise damaged to the extent of 50% or greater of the bulk of all buildings, structures and other improvements on the lot, such nonconforming uses shall terminate and the lot shall thereafter be used only for conforming uses

§150-168. Building condemned.

A.nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the regulations in the district in which it is located, as contained in this chapter

§150-169. Nonconforming signs.

Any sign of any kind existing at the time of the passing of this chapter that does not conform to the regulations of this chapter shall be considered nonconforming and as such shall remain in continuous use as is or otherwise be removed from the premises and be replaced by a conforming sign

§150-170. Zoning permit required.

Zoning permits shall be required for nonconforming uses existing at the time of passage of this chapter and shall be issued by the Zoning Officer without charge stating that the use is nonconforming The Zoning Officer may notify all occupants of property being used as nonconforming uses, who shall apply a zoning permit within 30 days after receipt of the notice