A.
Unless otherwise specified herein, all lawful uses existing on the
effective date of this chapter may be continued, altered (extended,
expanded, and enlarged), restored, reconstructed, sold, or maintained
in accordance with the provisions of this chapter.
B.
All lawful nonconforming lots of record, due to lot areas and/or
dimensions, existing on the effective date of this chapter or created
by an amendment to this chapter, may be continued although such lots
do not conform to the lot requirements for the zoning district in
which they are located.
A.
Nonconformities may be reported to the Zoning Officer by the owner,
user, lessor, or lessee, and be registered by the Zoning Officer within
one year of the effective date of this chapter. The Zoning Officer,
upon proof of a legal nonconformity, may certify the existence of
the nonconformities.
B.
Should a nonconformity not be reported or identified within one year,
the owner of the nonconformity shall have the right to show by a preponderance
of the evidence to the Zoning Officer that the nonconformity existed
upon the effective date of this chapter.
A.
Any existing lot of record held in sole and separate ownership different
from the ownership of abutting lots may be used for the establishment
of a use and/or erection of a structure which will contain a use permitted
by the applicable zoning district in which it is located, even though
its dimensions are less than the minimum requirements of this chapter,
except as set forth herein.
B.
Otherwise, the following requirements apply to the development and
use of a nonconforming lot.
(1)
To the maximum extent feasible, contiguous nonconforming parcels
under common ownership should be combined to create conforming lots.
(2)
No provision of this chapter relating to front, side and/or rear
setback requirements shall prevent the reasonable use of a nonconforming
lot of record. The Zoning Officer may grant a reduction in the requirement
for side or rear setbacks for lots of record which lack required lot
width or depth. However, in no event may such setback dimensions be
reduced by more than 25% of that which is required without the approval
of the Lemoyne Zoning Hearing Board.
A.
Alterations and reconstruction. Repairs, routine maintenance, and/or
structural alterations not constituting an extension, expansion, or
enlargement may be made to a nonconforming use or structure or to
a structure occupied by a nonconforming use, provided such repairs,
maintenance, and/or structural alterations do not change the use or
the exterior dimensions of the structure, building, or use.
B.
Restoration of structure or use.
(1)
When a nonconforming use or structure has been damaged or destroyed
to the extent of whereby the cost of restoring the use or structure
to its before-damaged condition would equal or exceed 50% or more
of the market value of the use or the structure before the damage
occurred shall not be restored except in conformity with the regulations
of the zoning district in which it is located and all other applicable
standards of this chapter.
(2)
A nonconforming use or structure which has been damaged or destroyed
to the extent of whereby the cost of restoring the use or structure
to its before-damaged condition would be less than 50% of the market
value of the use or the structure before the damage occurred, may
be repaired or reconstructed and used as it was before the time of
the damage, provided that:
C.
Extensions, expansions, and enlargements. All extensions, expansions
and enlargements of lawful nonconforming uses and structures shall
be reviewed by the Zoning Officer to determine compliance with the
following standards:
(1)
Any extension, expansion, or enlargement of a nonconforming structure
or use shall be permitted as long as the maximum impervious lot coverage
is not exceeded.
(2)
Any extension, expansion, or enlargement of a nonconforming structure
or use shall not exceed 25% of the total gross floor area of the nonconforming
structure or use at the time it became nonconforming.
(3)
Any extension, expansion, or enlargement shall conform to the building
height, area/footprint, setback, and impervious lot coverage regulations
of the zoning district in which it is located.
(a)
If an existing structure or use has a legally nonconforming
setback, additions and expansions may occur to increase the height
above such setback or to extend other portions of the structure or
use out to the nonconforming front, side and/or rear setback line,
provided that:
[1]
The use or structure shall not be extended beyond the existing
nonconforming setback line.
[2]
No additional nonconformity shall be created.
[3]
The new nonconforming extension shall not be greater than 25%
of the existing floor area.
[4]
All other requirements of this article are met.
[5]
Such addition shall not be permitted for a structure proposed
for use by a nonresidential use on a lot that abuts a lot with an
existing permitted residential use in the residential zoning districts.
(4)
All loading and/or parking spaces for any extension, expansion, or enlargement shall comply with the requirements of Article IX of this chapter.
(5)
Any extension, expansion, or enlargement of a nonconforming structure
or use shall not be permitted to extend into vacant parcels of land
adjacent to the parcel containing the nonconforming structure or use,
where such vacant parcels have been separately recorded or acquired
prior to the effective date of this chapter.
(6)
The intensity of a nonconforming use and resulting nuisances (e.g.,
air pollution, noise, glare, vibrations, delivery traffic, hazards,
etc.) shall not be increased.
A.
Whenever a nonconforming use has been changed to a conforming use,
such use shall not thereafter be changed to a nonconforming use.
B.
Whenever a nonconforming use has been changed to a more-restricted
classification (e.g., business office to single-family residential)
or to a conforming use, such use shall not hereafter be changed to
a use of less-restricted classification (e.g., single-family residential
to retail store) unless in compliance with the rules for such change
as outlined by this article.
C.
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board in compliance with Article XII of this chapter relating to Zoning Hearing Board. Where a special exception approval is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show the following:
(1)
The proposed use is in general conformity with the most recent version
of the Lemoyne Borough Comprehensive Plan, and/or other applicable
plans adopted by Lemoyne Borough, and will be in harmony with the
zoning district, neighborhood, and area in which it is proposed to
be located.
(2)
The external impacts associated with the proposed use would be equal
to or less intensive than external impacts associated with the existing
nonconforming use.
(3)
The character of the proposed use would be similar to the character
of the existing nonconforming use.
(4)
The location of the proposed use would not endanger the public health
and safety, and the use will not deteriorate the environment or generate
nuisance conditions (e.g., traffic congestion, noise, dust, smoke,
glare or vibration).
(5)
The applicant shall furnish evidence that the disposal of materials
will be accomplished in a manner that complies with state and federal
regulations.
(6)
The proposed use must comply with Borough building, health, housing,
rental, safety, property and other applicable local, county, state,
and federal code and licensing requirements. All such licensed, certificates,
and permits shall have been obtained and presented to the Borough,
or shall be a condition of approval.
(7)
The applicant shall provide:
(a)
The information required in Article VII of this chapter relating to hours of operation and management plan.
(c)
A plot/site plans required in Article XII of this chapter relating to applications for zoning permits.
(d)
A schematic architectural drawing of the principal building(s)
front facade(s).
A.
A nonconforming use shall be presumed abandoned when operations associated
with the nonconforming use have ceased by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
one year from the date the activity stopped and the use is not actively
advertised for sale or lease. Such nonconforming use shall not thereafter
be reinstated except in conformance with this chapter.
B.
A nonconforming use, which is actively marketed, but has not been
sold or leased, shall not be considered abandoned. The applicant shall
be responsible to provide evidence that the nonconformity was not
abandoned.
C.
Except in a mobile/manufactured home park, the removal of a nonconforming
mobile/manufactured home from the site it occupied and if such site
is not leased, actively marketed, or purchased within one year or
less, shall constitute abandonment of the site, and any occupation
or subsequent use of said site shall conform with the provisions of
this chapter.
D.
The removal of a mobile/manufactured home from a residential lot
already occupied by a residential structure shall constitute abandonment
of the nonconforming use and such use shall not thereafter be permitted.
E.
Mobile/manufactured home parks which are nonconforming under the
terms of this chapter shall be operated in accordance with Public
Health Regulations, Commonwealth of Pennsylvania, DEP, under the provisions
of Act 175 of April 9, 1929, P.L. 177, as amended,[1] and all other applicable laws.
[1]
Editor's Note: See 71 P.S. § 51 et seq.
A.
Purpose and intent. The purpose of these regulations is to protect
the character of Lemoyne Borough by reducing the negative impacts
from nonconforming signs. At the same time, the regulations assure
that the signs may continue in use for reasonable period of time and
not cause unnecessary burdens. The intent of these regulations is
not to force all signs to be immediately brought into conformance
with current regulations, but to gradually bring existing nonconforming
signs into conformance.
B.
Any sign lawfully existing or under construction before the date of enactment of these sign regulations or upon any date on which these regulations are amended, that does not conform to one or more of the applicable portions of Article VIII of this chapter relating to sign regulations, and any sign that is accessory to a nonconforming use, shall be deemed a nonconforming sign.
C.
Modifications. Nonconforming signs shall not be enlarged, extended,
relocated, moved, or structurally reconstructed except for the purpose
of routine maintenance and except that the copy on the sign face (gross
surface area portion of the sign) may be changed as long as the new
sign face is equal to or reduced in height, sign area, and/or projection.
D.
Nonconforming signs shall conform with the following:
(1)
If a sign is damaged or destroyed as a result of tortious conduct
(e.g., vandalism), the sign may be repaired or replaced by the sign
owner.
(2)
If a sign is damaged as a result of natural disaster or notorious
conduct so that 50% or more of its value remains intact, the sign
may be repaired by the sign owner.
(3)
(a)
Determination of the value of the sign and the damage shall
be made by the Borough.
(b)
Replaced or repaired signs shall be of equal or lesser dimensions
and constructed of the same or less durable material than the sign
being replaced or repaired and shall contain no improvements or additions.
(c)
If a sign is replaced, the replacement sign shall remain at
the same location.
(d)
If a sign is destroyed or damaged as a result of natural disaster
or other notorious conduct so that less than 50% of the sign remains
intact, the sign may be repaired or replaced only in compliance with
the provisions of this chapter. Determination of the value of the
sign and the damage shall be made by the Borough.
(e)
Damaged or destroyed signs not replaced or repaired within 60
days of notice from the Borough shall be considered abandoned.
E.
A nonconforming sign shall be adjudged as abandoned if the sign satisfies the definition of "abandoned sign" set forth in Article II of this chapter relating to terms and definitions. Such nonconforming sign shall not thereafter be reinstated, except in conformance with Article VIII of this chapter relating to sign regulations.
