All lawful or previously nonconforming uses
of land or of a building, sign or other structure existing on the
effective date of this chapter may be continued, altered, restored,
reconstructed, changed, sold or maintained, even though such use may
not conform to the use, height, area, yard and other regulations of
the district in which it is located, provided that such nonconforming
conditions shall comply with the following.
[Added 10-20-1997 by Ord. No. 173]
A.
The purpose of this amendment is to provide a guideline
to the Zoning Hearing Board to approve in advance the types of nonconforming
uses that a property may enjoy without returning for each change of
use for Zoning Board approval.
B.
Under this section, the applicant shall be required to comply with all of the requirements of the Zoning Hearing Board as set forth under § 173-145.
C.
The nonconforming uses that will be eligible for application
for the relief provided under this section are those nonconforming
uses where the building is not structurally designed for residential
use and it is not economically feasible for the nonconforming commercial
structure to be converted to a residential use that is appropriate
for the district in which it is located.
D.
Procedure.
(1)
The applicant shall file an application with
the Code Enforcement Officer for said certification.
(2)
A nonconforming use conducted in a structure
or lot may be granted certification to change to another nonconforming
use only upon determination of the Zoning Hearing Board after public
hearing that the proposed uses are of the same character of the prior
nonconforming use.
(3)
The Zoning Board shall take into consideration,
such factors among others, as traffic generated; nuisance characteristics,
such as emissions of noise, dust, odors and smoke, creation of vibration
and fire hazards; the hours and manner of operation; the number of
employees, including owner and family; the number of parking spaces
required for employees and customers.
(4)
For purposes of this section of this chapter
the following categories shall be considered as a classification for
certification that will allow all of the uses and similar uses to
be certified as an approved nonconforming use classification without
requiring a new hearing every time there is a change of use.
(5)
The nonconforming use depending on the size
of the lot and the size of the structure shall be certified to the
specific number of uses and a specific category or categories of the
type of uses allowed from each of the categories listed below for
the property:
(b)
Category No. 2: Professional Partnership. This
will be a two-person professional partnership in one of the professions
listed in Category No. 1.
(c)
Category No. 3: Multigroup Professional Practice.
This will be a multigroup professional practice in one of the professions
listed in Category No. 1.
(d)
Category No. 4: Public Service Management Office,
such as Chamber of Commerce, Charitable Organization (depending on
the number of occupants or users of the office).
(e)
Category No. 5: Small Retail. Small retail which
shall conform to all the regulations of properties in the Light Commercial
Zoning District.
E.
The following information shall be required on the
application.
(1)
The applicant shall state the previous nonconforming
uses for the property so that the public is informed of the prior
history of the property.
(2)
The nonconforming property owner upon payment
of the appropriate zoning application fee shall petition the Zoning
Hearing Board for a specific list of proposed uses for his nonconforming
property to be used at the time of the application.
(3)
The applicant will file a list of proposed nonconforming
uses if he may want to have it available for the future.
(4)
The applicant shall file the number of employees
for the proposed nonconforming uses and future nonconforming uses.
(5)
The applicant shall file a proposed parking
plan for the nonconforming use of the property and future nonconforming
uses.
(6)
The applicant shall file a list of the normal
hours of operation and any additional hours that may occur on occasion
for the nonconforming use of the property and future nonconforming
uses.
(7)
After the initial Hearing before the Zoning
Hearing Board and the nonconforming property owner has obtained preapproval
of a category of nonconforming uses, the owner shall, prior to changing
the use of the property with a preapproved nonconforming use, obtain
from the Code Enforcement Officer a certificate that the proposed
nonconforming use complies with the Zoning Board's decision.
(8)
The nonconforming use applicant shall notify,
in writing, the adjoining property owners 10 days before changing
the use in any preapproved category.
The Zoning Officer shall identify and register
all of the premises occupied by a lawful nonconforming use or building
existing at the effective date of this chapter and issue a Certificate
of Nonconformance which shall be for the purpose of ensuring the owner's
right to continue a nonconforming building or use for a period of
one year from the date of abandonment.
Repairs and structural alterations may be made
to a nonconforming building or a building occupied by a nonconforming
use, provided that such alterations and repairs are in conformance
with the regulations as set forth in this chapter and other applicable
codes and ordinances adopted by the Borough.
A.
The types of extensions and enlargements listed below
are permitted for nonconforming uses and buildings existing on the
effective date of this chapter:
(1)
The extension of a nonconforming use of land upon
a lot occupied by such use.
(2)
The extension or enlargement of a conforming building
occupied by a nonconforming use.
(3)
The extension or enlargement of a nonconforming building
occupied by a nonconforming use.
(4)
The extension or enlargement of a nonconforming building
occupied by a conforming use.
B.
The foregoing extensions or enlargements of such nonconforming
buildings or uses shall be subject to the following conditions:
(1)
The extension or enlargement shall conform to the
height, area, yard and coverage regulations of the district in which
it is located. Where a structure is nonconforming as to a required
side yard or rear yard setback, the established nonconforming setback
may be continued, so long as the proposed extension or enlargement
does not project further into any yard, whether front, side or rear
yard, than the original building line extended. Extension or enlargement
of the nonconforming use and/or building shall not exceed 25% of the
existing floor area of the building that is engaged in the nonconforming
use.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XVI herein.
(3)
The extension or enlargement does not replace a conforming
use.
(4)
The extension or enlargement of a building used for
a nonconforming use shall not be permitted to extend into vacant parcels
of land adjacent to the initial parcel of land existing and occupied
on the effective date of this chapter, where such vacant parcels have
been recorded separately or acquired following the effective date
of this chapter.
(5)
Any lawful nonconforming use of a building or land
may be changed to another nonconforming use of substantially the same
character upon approval by special exception by the Zoning Hearing
Board. The applicant shall satisfactorily prove to the Zoning Hearing
Board that the proposed change in nonconforming use will not increase
the need for off-street parking, produce any noise, glare, heat, dust,
traffic vibration or illumination in excess of the existing nonconforming
use.
(6)
All nonconforming changes, including change of use,
extensions or enlargements shall be reviewed by the Sayre Borough
Planning Commission. Said Planning Commission shall make recommendations
to the Zoning Hearing Board on the application for the change, extension
or enlargement of the nonconforming use.
[Added 11-17-1997 by Ord. No. 755]
(7)
All nonconforming changes, including change of use,
extensions or enlargements shall be reviewed and approved by the Sayre
Borough Zoning Board.
[Added 11-17-1997 by Ord. No. 755]
A.
A nonconforming building or use which is damaged by
fire, explosion, windstorm or other natural or criminal acts may be
reconstructed and used for the same purposes, provided that:
(1)
The reconstruction and/or restoration of the building
is commenced within one year from the date of occurrence of the damage
and is carried to completion without undue delay.
(2)
The reconstructed building or occupied area does not
exceed the height, area and volume of the original structure and occupied
use.
B.
In the event that any nonconforming building and/or use, as defined in Article II, is destroyed or partially destroyed and the owner of such has determined reconstruction/restoration infeasible, the owner will be responsible for the complete removal of the structure and debris as well as the filling of any excavated areas.
If a nonconforming use or building ceases operations
for a continuous period of more than 12 months, then such use and
any subsequent use or building shall conform to the regulations of
this chapter.
[Amended 12-9-1996 by Ord. No. 738]
Any lot held in single and separate ownership
at the effective date of this chapter which does not conform to one
or more of the applicable area regulations in the district in which
it is located shall be considered nonconforming. A building may be
erected upon any vacant nonconforming lot, provided that a special
exception is authorized by the Zoning Hearing Board, and further provided
that the applicant does not own or control other adjoining property
sufficient to comply with the provisions of this chapter. Such development
shall comply with the following provisions:
