For the purposes of this chapter, the following classes of uses
are established:
Permitted uses are uses permitted by right, provided said use
is shown as a permitted use in the zoning district schedule for the
district in which the use is located or proposed and the use complies
with all other provisions of this chapter, including the Zoning District
Map which is adopted by this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
Accessory uses are uses permitted by right, provided said use
is shown as an accessory use in the zoning district schedule for the
district in which the accessory use is located or proposed and the
use thereof complies with all other provisions of this chapter, and
further provided that all of the following apply:
A.
The proposed accessory use, building or structure is customarily
associated with, incidental to and provided with the permitted use
existing on the lot.
B.
The extent, size and intensity of such proposed accessory use, building
or structure is in keeping with the scale, nature and characteristics
of the permitted use on the lot.
C.
The proposed accessory use, building or structure is not contrary
to the intent of the zoning district in which the lot is situate,
as established by the Official Zoning Map adopted by this chapter.
D.
The accessory use, building or structure shall not be permitted to
exist unless the primary use exists on the same lot or an adjacent
lot under common ownership.
It is hereby recognized that certain uses and activities which
might otherwise be prohibited by this chapter are nevertheless such
that their establishment and operation for a limited period of time
would serve the public interest. For the purpose of this chapter,
such uses are declared to be "temporary uses" which may be permitted
in any district upon application to and approval by the Zoning Officer,
subject to the following:
A.
The proposed use is of such a nature that at the time of application
that it would not exert a detrimental effect upon the use of neighboring
properties.
B.
The proposed use will materially contribute to the general welfare,
needs and convenience of the Borough of Bath and the general public.
C.
The duration of the proposed use shall be established by specific
dates as will, in the judgment of the Zoning Officer, serve the intended
purpose of the temporary use. Sales tents or trailers shall be permitted
for two weeks.
D.
Security shall be required by the Zoning Officer in an amount necessary
to restore the property on which the temporary use was located to
its original condition or to a condition that complies with the requirements
of the Zoning Ordinance.
It is hereby recognized that certain uses may be necessary to
serve the needs and convenience of the Borough but which uses may
become inimical to the public health, safety and general welfare by
reason of their inherent nature or operation and therefore require
special and proper consideration of existing and probable future conditions
and characteristics of the surrounding area. Such uses are hereby
declared to be special exception uses and may be permitted upon application
to and approval by the Zoning Hearing Board, provided said use is
shown as a special exception use in the zoning district schedule for
the district in which the use is located and subject to the considerations
as set forth in § 675-26E(3).
A.
Within the districts established by this Zoning Ordinance or by amendments
thereto, there exists, may exist or will exist:
(1)
Lots;
(2)
Uses of land and structures;
(3)
Structures; and
(4)
Characteristics of use which were lawful before the Borough's
original Zoning Ordinance of 1978 was passed or amended, but which
would be prohibited, regulated or restricted under the terms of this
chapter or future amendment. Inasmuch as these nonconformities are,
by definition, alien to the character of a district created under
this chapter, it is assumed that the ultimate ends of this chapter
will be accomplished if these nonconformities are permitted only until
such time as they are terminated in time by obsolescence, destruction,
abandonment or similar factors and thereby the objectives of these
zoning district classifications will be achieved. Because nonconformities,
so long as they exist, prevent the full realization of the objectives
of this chapter, it is the intent of this chapter to restrict, rather
than increase, such nonconformity and to eliminate such uses as speedily
as possible.
B.
A use, building or structure which shall be made nonconforming at
the time of passage of the original Zoning Ordinance of 1978 or any
applicable amendment thereto, may be continued except as otherwise
set forth in this article.
C.
The Zoning Officer shall identify and register all nonconforming
uses, buildings and structures. The owner of the premises of a nonconforming
building or owner of a lawful nonconforming use shall secure within
one year of the effective date of this Zoning Ordinance a certificate
of nonconformance from the Zoning Officer. Such certificate shall
be authorized by the Zoning Hearing Board and shall be for the purpose
of ensuring to the owner the right to continue such nonconforming
use.
D.
Existing nonconforming uses shall not be enlarged, reconstructed,
substituted, moved or structurally altered unless required by law
or order or as specified in § 675-51D(1); nor shall they
be extended or enlarged after passage of this chapter by attachment
to a building or premises or by the addition of other uses of a nature
which would be prohibited generally in the district involved; nonconforming
uses are further subject to the following:
(1)
Any nonconforming use may be enlarged or expanded up to but
not more than 10% of its floor and/or use area as it existed at the
time of passage of the original Zoning Ordinance of 1978, provided
that such enlargement shall conform to all other regulations of the
district in which it is situate.
(2)
Normal maintenance, repairs and incidental alterations of a
building or other structure containing a nonconforming use are permitted,
provided they do not extend the area or volume of space occupied by
the nonconforming use.
(3)
Residential nonconforming uses may be altered in any way to
improve interior livability, provided that no structural alterations
shall be made which would increase the number of dwelling units within
the building.
(4)
A nonconforming use shall not displace, replace or be extended
to displace or replace a conforming use.
(5)
A nonconforming use may be changed into a conforming use at
any time.
(6)
A nonconforming use may be continued but shall not be changed
to another nonconforming use except when all of the following conditions
are met to the satisfaction of the Zoning Hearing Board:
(a)
A major portion of the proposed use and the use it is to replace
are conducted within a building.
(b)
The building cannot reasonably be modified to contain a conforming
use.
(c)
The proposed nonconforming use is less detrimental to its neighborhood,
surroundings and the general public welfare than the use it is to
replace. The Zoning Hearing Board shall take into consideration all
factors which might affect the publics interest, including traffic
generated, nuisance characteristics such as emission of noise, odor,
dust and smoke, fire hazards, and hours and manner of operation.
(7)
Buildings or structures, regardless of conformity or ownership,
shall not be combined for the purpose of extending an existing nonconforming
use or for creating a different nonconforming use.
(8)
Nonconforming signs shall not be enlarged or expanded.
E.
In the case of a residential subdivision, where: an applicant seeks
to subdivide a property which contains existing residential structures
for the purpose of creating two separate parcels; the application
does not involve the creation of new structures; and the subdivision
line would be a simple division of property along a common wall in
an existing twin or create a common boundary, the Zoning Officer is
empowered to authorize and approve the zoning aspects of the subdivision
regarding lot area and setback lines, notwithstanding the fact that
the proposed subdivision may create two lots of substandard lot size
or may result in zero setback from the property line. It is the express
intent of this chapter that the subdivision of properties upon which
twin and semidetached dwellings or multiple dwellings presently exist
should be encouraged to enable separate sale and ownership. This section
shall be deemed to supersede and constitute an exception to lot area
minimum requirements and setback requirements for existing residential
structures in all zones, but only to the extent that the subdivision
is through the creation of a new property line, and the proposal meets
all other requirements for access easements, parking, and utilities.
An existing nonconforming building or structure shall not be enlarged,
reconstructed, substituted, moved or structurally altered so as to
extend or increase the nonconformity.
F.
Repair after damage.
(1)
In the event that 50% or more of the existing floor area, volume
or use of land of a nonconforming building, structure or use is voluntarily
razed, legally condemned, structurally changed or destroyed by fire,
explosion or flood, it may not be restored, reconstructed or used
as before except in strict compliance with the zoning regulations
of the zoning district in which it is situate.
(2)
In the event that less than 50% of the existing floor area,
volume, or use of land of a nonconforming building, structure or use
is voluntarily razed, legally condemned, structurally changed or destroyed
by fire, explosion, flood or other phenomenon, it may not be restored,
reconstructed or used as before unless such restoration, reconstruction
or use commences within one year from the date of the damage.
G.
Termination and abandonment of nonconforming uses, buildings or structures
shall be subject to the following:
(1)
Any nonconforming use, building or structure that is replaced
by a conforming use, building or structure shall be deemed immediately
abandoned and cannot thereafter be revived.
(2)
A nonconforming use, building or structure discontinued for a period of 12 consecutive months shall be presumed abandoned and shall not thereafter be revived without proof, satisfactory to the Zoning Hearing Board, that the owner did not intend its abandonment through disuse. In making its determination, the Board shall take into account the owner's compliance (or noncompliance) with the provisions of § 675-51H.
(3)
The following shall be deemed to be evidence of an intent to
discontinue and abandon a nonconforming use, building or structure:
(a)
Removal of any and all furniture, equipment and machinery and
leaving the property to the elements.
(b)
Use of the property for a conforming use.
(c)
Demolition of the structure.
(d)
Failure to apply for licenses necessary to continue such nonconforming
use.
(e)
Failure to appeal the denial of a permit to continue the use.
(4)
A nonconforming use, building or structure shall not be deemed
abandoned under the following circumstances:
(a)
War and the consequent restrictions imposed upon the use by
a governmental authority, or the entry of the operator of the nonconforming
use into the armed services, or the shortage of materials and supplies
necessary for the continued operation of the nonconforming use.
(b)
Extended inability of the owner to find a tenant desirous of using the premises despite active attempts to do so, provided that all letters of intent as required by § 675-51H are filed.
(c)
Destruction of the property by natural disaster (other than
fire, flood or explosion).
(d)
Financial inability of the owner or operator of the nonconforming
use due to a general economic depression.
(e)
Cessation of business during any permitted repair of or to the
property authorized by the Zoning Officer.
H.
Any use that has been discontinued for a period of 12 continuous
months shall be deemed abandoned, unless the owner or the owner's
authorized agent submits to the Zoning Officer, at the end of 12 months
and every six months thereafter, a letter of intent which clearly
indicates that attempts to secure a buyer or tenant for the use are
ongoing.
The following uses are expressly prohibited:
A.
A use not listed in a zoning district schedule shall be prohibited
in that zoning district.
B.
A building, lot or any part thereof used for any purpose that is
or may become obnoxious or offensive by reason of odor, dust, smoke,
gas, vibration, illumination or noise or that is detrimental or injurious
to the public health, safety or welfare or used for any purpose that
constitutes unusual public hazard due to fire, explosion or any other
similar cause.
C.
A lot used for the open dumping or burning of trash, garbage, rubbish
or other waste products.
D.
Notwithstanding any other provision of this chapter, no use may be
made of any land or water within any zoning district so as to:
(1)
Create electrical interference with navigational signals or
radio communication between aircraft and the Lehigh Valley International
Airport;
(2)
Make it difficult for pilots to distinguish between airport
lights and others;
(3)
Result in glare to pilots using the airport;
(4)
In any way endanger or interfere with the landing, taking off
or maneuvering of aircraft.
The Zoning Hearing Board may, by special exception, determine
that a proposed use is sufficiently similar in character and impact
to that of a listed use and that the proposed use may be treated the
same as the listed use.
B.
Certain uses may be necessary to serve the needs and convenience of the Borough. These uses will be permitted by condition within the residential districts so long as they are innocuous to the district's intent and remain so throughout the time of their existence. Application for these uses are subject to review by the Bath Borough Council according to the provisions of Article XIII of this chapter. These uses shall be permitted after the Bath Borough Council has determined that the relevant standards and criteria contained in Article XII of this chapter are met. The Bath Borough Council may attach any reasonable conditions and safeguards in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this Zoning Ordinance, and to ensure that these uses remain innocuous in nature and operation throughout their existence to protect the public health, safety, morals and the general welfare. Said uses shall be shown as conditional uses in the zoning districts schedule for the district in which the use is located and subject to the conditions and standards as set forth herein.
C.
Where the Borough Council fails to render its decision within 45
days of the last hearing before Borough Council, or fails to commence
conduct or complete the required hearing, as provided in Section 908(1.2)
of the Pennsylvania Municipalities Planning Code,[2] the decision shall be deemed to have been rendered in
the favor of the applicant, unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, Borough
Council shall give public notice of the decision within 10 days from
the last day it could have met to render a decision in the same manner
as required by the public notice requirements of this chapter. If
Borough Council shall fail to provide such notice, the applicant may
do so.
[Amended 2-3-2003 by Ord.
No. 556]
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
Any use not expressly provided for in this chapter shall be
presumed to be a permitted use in the M-C zone unless expressly prohibited.
