Edgeworth City Zoning Code
ARTICLE XII
Nonconforming Uses and Structures
§ 130-89 Continuation of lawful use or structure.
The use of a nonconforming building, structure, or land, existing and lawful at the time of enactment of this chapter or at the time of any amendment hereto which made the use of a building, structure or land nonconforming, may continue except as hereinafter provided.
§ 130-90 Extension or expansion; moving.
A.
The nonconforming aspect or aspects of a building, structure or lot may not be expanded, extended or increased.
B.
A nonconforming use may be expanded, extended or enlarged within the boundaries of the zoning lot on which it is located by 33 1/3% of base floor area, as defined, lot coverage or building volume if required to accommodate an increase in trade, business or industry. Such an expansion, extension or enlargement in floor area, lot coverage or building volume of more than 33 1/3% and up to 50% can be effected only upon the grant of such a special exception by the Zoning Hearing Board. Expansion, extension, or enlargement greater than 50% of base floor area, lot coverage or building volume, is prohibited. Any such expansion, extension or enlargement shall comply with all other applicable provisions of this chapter.
C.
No nonconforming use on a split-zone lot shall be moved in whole or in part to another district or separate portion of the zoning lot on which it is located if such portion of the zoning lot on which it is located was not devoted to the nonconforming use upon the effective date of this chapter or the applicable amendment thereto which made the use nonconforming.
§ 130-91 Reconstruction or restoration.
[Amended 2-20-2018 by Ord. No. 548]
A.
Subject to the provisions of Article VIII of this chapter, a nonconforming structure or building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other natural phenomenon or legally condemned may be reconstructed, restored and used for the same nonconforming use, or in the case of a nonconforming building or structure, it may continue as a nonconforming building or structure, provided that reconstruction and restoration of the building or structure shall be commenced within one year of the date of destruction or condemnation of the building or structure and shall be carried on without interruption. In the case of a nonconforming building or structure, no such reconstruction or restoration shall increase the degree of nonconformity of the building or structure.
B.
Except as provided for in Subsection A, in the event of the removal, replacement, or destruction of a nonconforming structure, the reconstruction or restoration of the nonconforming structure shall be prohibited if the cost of the reconstruction or restoration exceeds 60% of the replacement value of the entire structure. Such instances shall result in forfeiture of the nonconforming status, and must subsequently be brought within all the prevailing restrictions applied to the surrounding district.
§ 130-92 Abandonment.
If a nonconforming use of a building, structure or land is intentionally abandoned for a continuous period of one year, thereafter use of such building, structure or land shall be in conformance with the provisions of this chapter. With regard to both mixed use and singular use of buildings, structures or land, abandonment shall commence upon cessation of the nonconforming use.
§ 130-93 Change to conforming use.
A nonconforming use may be changed to a conforming use only as provided in the applicable zoning district regulations. Once changed to a conforming use, no structure, building or land shall be permitted to revert to a nonconforming use. For purposes of this section, a change is not effected by either normal repairs and maintenance for upkeep purposes or the provision of modern instrumentalities necessary and helpful to reasonable continuation of the nonconforming use, which instrumentalities, either by nature or extent, do not act to change the nonconforming use to a different nonconforming use.