Verona City Zoning Code
ARTICLE XVII
Nonconforming Uses
§ 250-84 Applicability.
The provisions of this article shall apply to buildings, structures, signs, lands and uses which become nonconforming as the result of the application of this chapter to them or from classification or reclassification of the property under this chapter or any subsequent amendments thereto.
§ 250-85 Nonconforming lots of record.
Regardless of the size of a lot of record prior to the passage of this chapter, such lot may be developed for any use permitted in the district in which the lot is located, provided that, where setback, width, density or other requirements are less than required, the Zoning Hearing Board permits development to occur by granting a variance.
§ 250-86 Nonconforming uses of land.
Where at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued so long as it remains otherwise lawful, provided the following conditions are applied:
A.
No such nonconforming use of land shall be extended to occupy a greater area than was occupied at the effective date of adoption or amendment of this chapter; such area construed to mean the property in the ownership of the operator containing the nonconforming use.
B.
If any such nonconforming use of land ceases for any reason for a period of one year, any subsequent use of such land shall conform to the regulations specified by this chapter in the district in which such land is located.
§ 250-87 Nonconforming structures.
Where a structure exists on a property at the effective date of this chapter or any amendment to it and does not conform to the requirements of this chapter regarding height, setbacks from street or lot lines, lot coverage, etc., such structure may remain, subject to the following provisions:
A.
No such structure may be altered so that its nonconformity with respect to its location and bulk on the property is increased.
B.
A structure housing a nonconforming use but capable of being enlarged without violating other requirements of this chapter may not be increased in area upon the ground or in height.
C.
Any replacement of such structure as a result of total damage shall be carried out in conformance with this chapter, or if this is not possible such replacement shall not increase the nonconformity of the structure's location. Replacement shall commence within one year of damage or else shall occur in accordance with requirements for new construction within the zone district where the structure is located.
D.
Should such structure be moved, it shall thereafter conform to requirements of this chapter regarding location on the property.
§ 250-88 Nonconforming uses of structures.
Where a structure and/or its premises exists lawfully prior to adoption or amendment of this chapter, and becomes nonconforming as a result of passage of this chapter, it may remain in the same use indefinitely, provided the following conditions are applied:
A.
A nonconforming use may be extended throughout a structure it occupies at the time of adoption or amendment of this chapter rendering it nonconforming.
B.
Provided no structural alterations are made, any nonconforming use of a structure may be changed to a second nonconforming use upon approval of an application to the Zoning Hearing Board requesting such change, such approval being based, in the Board's findings, upon the second nonconforming use being equally or more appropriate to the zoning district than the original nonconforming use.
C.
The nonconforming use of a structure and/or premises may be superseded by a use permitted in the zoning district where the structure is located, and the use of the structure and/or premises shall thereafter conform to the regulations of this chapter.
D.
When a nonconforming use of a structure and/or premises ceases for a period of one year, such use of the structure and/or premises shall not thereafter be reestablished.
E.
Where a nonconforming use of structure and premises exists in combination, the removal of the structure and/or use in the structure shall terminate the nonconforming use of the premises.
F.
The maintaining or strengthening to a safe condition of any nonconforming structure shall not be interpreted as being denied by any portion of this article.
§ 250-89 Mapping of nonconforming uses.
A.
The Planning Commission shall have prepared within one year after adoption of this chapter a map of the Borough showing the location of each nonconforming use of land and/or structure present at the time of adoption.
B.
The Commission shall keep the map current, with the help of the Zoning Officer, in whose charge the map shall be kept, by the addition of nonconforming uses as amendments to this chapter are adopted and by the deletion of nonconforming uses as they are eliminated.
C.
The Zoning Officer shall establish, maintain and at all times keep current a record identifying and registering all nonconforming uses and nonconforming structures in the Borough.
[Added 10-19-1976 by Ord. No. 1048]