A.
The zoning districts established by this chapter are
designed to guide future use of land in the Borough by encouraging
the development of desirable residential, commercial and industrial
areas with appropriate groupings of compatible related uses to the
end of promoting and protecting the public health, safety, comfort,
prosperity and other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would
be prohibited or restricted under the terms of this chapter, or future
amendments, and uses which do not conform to the character and regulations
of the zoning district in which they are located should be treated
in such a way as to provide a gradual remedy for the undesirable conditions
resulting from indiscriminating mixing of uses and to afford a means
whereby nonconforming uses can be gradually eliminated and reestablished
in more suitable locations within the Borough.
C.
Similarly, buildings or other structures which do
not comply with one or more of the applicable district requirements
as to lot width, minimum lot area and yard spaces, lot coverages or
building height are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally
permitted to remain; the purpose of regulating them is to restrict
further investment in uses or structures which are inappropriate to
their location.
E.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction or intended use
of any building on which actual construction was begun prior to the
effective date, or amendment, of this chapter and on which actual
building construction has been diligently carried on.
A.
Continuation. Lawful uses located either within a
building or other structure, or part thereof, or on the land, or in
combination of both, which at the effective date of this chapter,
or subsequent amendment thereto, become nonconforming may be continued
so long as they remain otherwise lawful and regardless of subsequent
sales of the property.
B.
Expansion.
(1)
A nonconforming use shall not be increased in total building coverage, total land area in use or total floor area by greater than 25% beyond the respective total building coverage, total land area in use or total floor area that existed in such use prior to the use becoming nonconforming. This maximum increase shall be measured in aggregate over the entire life of the nonconformity. Subsection C may also apply.
(2)
Any alteration, reconstruction, extension or
enlargement shall only be upon the same lot as in existence at the
date the use became nonconforming.
(3)
Any expansion of a nonconforming use shall only
occur as a special exception, if approved by the Zoning Hearing Board.
(4)
If a nonconforming use is expanded, the total
use shall meet all dimensional requirements except for those existing
features that were lawfully nonconforming.
C.
Alteration or enlargement of nonconforming buildings,
structures or land.
(1)
Nonconforming buildings, structures or land
shall not be added to or enlarged upon in any manner if said additions
and enlargements would increase the nonconformance or the nonconforming
part of a structure.
(2)
If a building or structure is conforming as
to use but nonconforming as to area and bulk regulations or off-street
parking requirements, said building or structure may be enlarged or
added to, provided that the enlargement or addition complies with
the area and bulk regulations and the existing building plus its addition
complies with the off-street parking regulations of the district in
which said building or structure is located.
(3)
No nonconforming building or structure shall
be moved in whole or in part to another location on the same or another
lot unless every portion of said building or structure is made to
conform to all the regulations of the district in which it is relocated.
D.
Discontinuance. If a nonconforming use of land or
structure ceases operation for a continuous period of more than six
months, then this shall be deemed to be an abandonment of such use,
which presumption shall be rebuttable, and any subsequent use of the
land or structure shall conform to the regulations of this chapter.
E.
Change in use.
(2)
If a nonconforming use, or a portion thereof,
is changed to a conforming use, any future use of such building, structure
or portion shall be in conformity with the regulations of this chapter.
(3)
Wherever a zoning district shall be hereafter
changed, any existing nonconforming use in such changed district may
be continued as a nonconforming use.
(4)
A nonconforming use may be changed to another
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board after the following conditions are met:
(a)
The applicant shall show that the nonconforming
use cannot reasonably be changed to a conforming use.
(b)
The applicant shall show that the proposed change
will be significantly less objectionable in external effects than
the existing nonconforming use with regard to:
[1]
Traffic generation and congestion, especially
truck traffic.
[2]
Noise, smoke, dust, fumes, vapors, gases, heat,
odor, glare or vibration.
[3]
Outdoor storage and waste disposal.
[4]
Compatibility with the character of the surrounding
area.
[5]
Operation during late night and early morning
hours, if within proximity of a residential district.
F.
Damage or destruction.
(1)
In the event that a nonconforming use or structure
in any zoning district is destroyed or partially destroyed by fire,
explosion or other cause, or otherwise damaged beyond the owner's
control to any extent, the right of such nonconforming structure or
use to exist may continue, provided that the reconstruction or repair
of any building be commenced within six months from the date of the
destruction or partial destruction of the building and carried to
completion without undue delay.
(2)
The reconstruction or repair of the building
may not exceed in height, area and volume the building destroyed or
partially destroyed or occupy the lot in any other configuration not
conforming to the ordinance in the zoning district in which the building
is situated when reconstructed.
(3)
In any case, whether conforming or nonconforming,
the remains of any building so destroyed or partially destroyed shall
not be permitted to become a nuisance and shall be removed immediately,
upon written request by the Zoning Officer, after six months have
passed where the owner of such nonconforming use or structure has
not applied for a permit to reconstruct the damaged building.
A.
Nonconforming lot of record regulations.
(1)
In any district in which single-family houses
are permitted, notwithstanding the minimum lot area and minimum lot
width limitations imposed by other provisions of this chapter, a single-family
house and customary accessory buildings may be erected on a single
lot of record lawfully in existence at the effective date of adoption
or amendment of this chapter, provided that all required yards and
setbacks are complied with and the minimum lot area and minimum lot
width are each a minimum of 70% of what would otherwise be required.
(2)
In any district in which single-family detached
houses are not permitted, notwithstanding the minimum lot area and
minimum lot width requirements of this chapter, only one principal
use, which shall be a permitted by right use in that district, and
its customary accessory uses may be erected on a single lot of record
lawfully in existence at the effective date of adoption or amendment
of this chapter, provided that all required yards and setbacks are
complied with and the minimum lot area and minimum lot width are each
a minimum of 70% of what would otherwise be required.
Signs in existence at the effective date of
this chapter, or amendments thereto, shall be subject to the following
regulations:
A.
Moving. No nonconforming advertising sign, billboard,
commercial advertising structure or statuary shall be moved to another
position on the building or lot on which it is located after the effective
date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a
nonconforming use may be continued, but the area of such sign or signs
shall not be increased and such sign or signs shall not be structurally
altered, except where safety requires it.
C.
Damage or destruction. In the event that any nonconforming
advertising sign, billboard, commercial advertising structure or statuary
is damaged to the extent of 25% of its cost of replacement at the
time of destruction, such sign shall not be restored or replaced.
D.
Signs on discontinued uses. Whenever any use of a
building or structure or land or of a combination of buildings, structures
and land ceases, all signs accessory to such use shall be deemed to
become nonconforming and shall be removed within 30 days.
E.
Discontinuance of signs. All presently existing signs
which conformed to the Zoning Ordinance prior to the effective date
of this chapter but which fail to conform to the provisions of this
chapter shall be deemed nonconforming and shall be removed at the
owner's expense within five years of such effective date, except freestanding
signs which are nonconforming only because of height.
F.
Any property owner for each piece of property has
the option to continue to use one presently existing sign per lot
that is not conforming to the present ordinance, provided that the
one nonconforming sign was registered by its owner by October 31,
1983, with the Code Enforcement Office of the Borough of Carlisle,
Pennsylvania, on forms prepared by that office. The property owner
may repair and maintain this one nonconforming sign but not change
its physical size or any written message or logo thereon. This one
nonconforming sign is permitted to exist only so long as it is related
to the specific use of the property on which it is located.
The burden of proof as to qualification as a
nonconforming use or other preexisting nonconformity shall be on the
party asserting the nonconformity.
Whenever the boundaries of a district are changed
so as to transfer an area from one district to another district, the
provisions of this article shall also apply to any nonconforming uses
or structures existing in the district to which the area was transferred.
All nonconforming junk storage areas, outside
storage areas and similar nonconforming uses of open land, when discontinued
for a period of 90 days or damaged to an extent of 60% or more of
replacement cost, shall not be continued, repaired or reconstructed.
