Structures under construction.
A structure for which a valid permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a nonconforming use. Structures not under actual construction at the time of passage of this chapter shall be built in conformity with its requirements.
Change of nonconforming use.
A nonconforming use may be changed to another nonconforming use only if permitted by special exception granted by the Zoning Hearing Board in accordance with Article
XXIX of this Chapter, and after the following conditions are met:
A. The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use; and
B. The applicant shall show that the proposed use will be less objectionable in external effects than the existing nonconforming use with respect to:
(1) Traffic generation and congestion, including truck, passenger car, and pedestrian traffic;
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration;
(3) Storage and waste disposal; and
(4) The height, area, and volume of all structures.
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 one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not exceeding one year in any case.
Nonconforming use permit.
Use permits shall be required for a nonconforming use existing at the time of passage of this chapter and shall be issued by the Zoning Officer stating that the use is nonconforming. The Zoning Officer shall notify the occupant of property being used as a nonconforming use, whereupon said occupant shall apply for a permit within 30 days after receipt of the notice.
Lots forming part of development plan. See
§ 116-202: Lots forming part of development plan. for detailed information.
