[Ord. No. 2015-01, 6/22/2015]
Except as otherwise provided in this chapter, any use, building
or structure existing at the time of enactment of this chapter may
be continued, although it is not in conformity with the regulations
specified by this chapter. However, signs are subject to amortization.
[Ord. No. 2015-01, 6/22/2015]
If a nonconforming use of land or of a building or structure
ceases or is discontinued for a continuous period of two years or
more, subsequent use of such building, structure or land shall be
in conformity with the provisions of this chapter.
[Ord. No. 2015-01, 6/22/2015]
Any lawful nonconforming use of land, exclusive of buildings
and structures and the use contained therein, may be extended upon
the lot upon which it exists at the time of the effective date of
this chapter, but such extension shall conform to area and lot regulations
and to the design standards of this chapter. The extension of a nonconforming
use on a lot shall be limited to the lot which was in existence on
the effective date of this chapter.
[Ord. No. 2015-01, 6/22/2015]
1.
Any nonconforming residential use may be expanded or altered by right subject to the following criteria; any other nonconforming use may be expanded or altered through a special exception and subject to the following criteria and those criteria contained in § 27-605:
A.
Expansion of the nonconformity shall be confined to the lot on which
it was located on the effective date of this chapter, or any amendment
thereto creating the nonconformity.
B.
The total of all such expansions or alterations of use shall not
exceed an additional 50% of the area of those buildings or structures
devoted to the nonconforming use as they existed on the date on which
such buildings or structures first became nonconformities. The applicant
shall furnish conclusive evidence as to the extent of the nonconformity
when it was created.
C.
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent
with the standards required for permitted uses in the zone in which
the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties; including,
but not limited to, landscaping, enclosure of principal and accessory
uses, height control, sign control, architectural control and maintenance
of all improvements and open spaces.
F.
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings and open spaces.
G.
The expansion shall not create new dimensional nonconformities or
further increase existing dimensional nonconformities.
H.
No expansion of a nonconforming structure or a nonconforming use
located outside of a structure existing on the effective date of this
chapter shall be permitted in the Floodplain District.
I.
Excluding expansion, any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming use or structure located
in the Floodplain District shall be permitted only when either elevated
above the base flood elevation or floodproofed. In no case shall any
modification, alteration, repair, reconstruction or improvement cause
unacceptable increases in flood heights, velocities or frequencies.
2.
Any dimensional nonconformity may be reduced by permitted use. No
extension or enlargement of a dimensional nonconformity shall be permitted.
[Ord. No. 2015-01, 6/22/2015]
Any nonconforming use may be replaced or substituted by the
same use. It may also be replaced or substituted by another nonconforming
use by special exception, if the Zoning Hearing Board determines that
the proposed use is at least equally compatible with the surrounding
area as the original nonconforming use. In addition, the proposed
nonconforming use shall not increase any dimensional nonconformities.
The Zoning Hearing Board may attach reasonable conditions to the special
exception to keep the use compatible within its surroundings.
[Ord. No. 2015-01, 6/22/2015]
1.
Any lawful nonconforming building or other structure which has been
involuntarily damaged or destroyed by fire, explosion, windstorm or
other similar active cause may be reconstructed in the same location;
provided, that:
A.
The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure and
such reconstructed building or structure shall not increase any dimensional
nonconformities.
B.
Reconstruction shall begin within one year from the date of damage
or destruction and shall be carried on without interruption.
[Ord. No. 2015-01, 6/22/2015]
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
[Ord. No. 2015-01, 6/22/2015]
1.
A single-family detached dwelling may be erected on a single lot
of record at the effective date of this chapter in accordance with
the limitations imposed by Table 1: Design Standards for Single-Family
Dwellings and Nonresidential Uses, Note 3.[1] Such lot must be in single and separate ownership and
not of continuous frontage with other lots in the same ownership.
[1]
Editor's Note: Said table and notes are included as an attachment to this chapter.
2.
If two or more lots or combinations of lots or portions of lots with
continuous frontage in single and separate ownership are of record
at the time of passage of this chapter and if all or part of the lots
do not meet the requirements established for lot width and area, the
land involved shall be considered to be an undivided parcel for the
purposes of this chapter and no portion of said parcel shall be used
or sold in a manner which diminishes compliance with requirements
established by this chapter, nor shall any division of any parcel
be made which creates a lot with width or area below the requirements
stated in this chapter. This section shall be interpreted in conjunction
with Section 508(4) of the Act.[2]
[2]
Editor's Note: See 53 P.S. § 10508(4).
