The provisions of this section apply to buildings, structures,
signs, lands and uses which would not be permitted as the result of
the application of this chapter to their location or use in the Borough
of Marietta, or as a result of the reclassification of the lot containing
them, or of the adoption of other amendments to this chapter after
the initial passage. This article is concerned with lots of inadequate
area and/or frontage, uses of land and/or structures for activities
not permitted in the zoning district and structures placed on a lot
too close to lot boundary lines for compliance with standards of the
zoning district in which they are located.
A.
Nonconforming lots of record.
(1)
Existing lots of record. Any lot of record existing at the effective
date of this chapter and held in separate ownership different from
the ownership of adjoining lots may be used for the erection of a
structure conforming to the use regulations of the zoning district
in which it is located, even though its dimensions are less than the
minimum requirements of this chapter. Where two or more adjacent lots
of record each with less than the required area and width are held
by one landowner and/or developer on or before the date of enactment
of this chapter, the Borough shall require replatting to fewer lots
so that the new lot complies with the minimum requirements of this
chapter.
(2)
No provision of this chapter relating to side and rear yard
requirements will prevent the reasonable use of a nonconforming lot
of record. The Zoning Hearing Board may grant a reduction in the requirement
for side yards and rear yards for lots of record which lack required
lot width or depth.
B.
Nonconforming uses of land and structures.
(1)
Where at the effective date of adoption or amendment of this
chapter, lawful use of land, or land and the structure or structures
on it, exists and is made no longer permissible under the requirements
of this chapter, as adopted or amended, such use may be continued
indefinitely, so long as it remains otherwise lawful, provided that
the following conditions are applied:
(a)
No nonconforming use of land can be extended by acquisition
of additional land to occupy a greater land area than was occupied
at the effective date of adoption or amendment of this chapter.
(b)
No structure containing a nonconforming use but capable of being
enlarged without violating setback or height requirements in the zoning
district where it is located may be increased in volume more than
25% over the volume of such structure at the time of adoption of this
chapter or subsequent amendments that made the use nonconforming.
A nonconforming use which occupies part of a structure may be extended
throughout the structure it occupied at the time of adoption of this
chapter or subsequent amendment that made the use nonconforming, but
the expansion under such circumstances may not be extended to occupy
land outside the original structure.
(c)
A lot which is nonconforming as to impervious surface coverage may,
by right, increase such nonconformity by 25% over the amount of impervious
surface coverage as of the effective date of adoption or amendment
of this section.
[Added 3-10-2020 by Ord. No. 2020-02]
(2)
If any such nonconforming use of land or use of land and structures
in combination ceases or is abandoned for any reason, including destruction
of buildings, for a period of at least 18 months, any subsequent use
of such land, or land and structures in combination, must conform
to the regulations for the zoning district where such land is located,
except that where a hardship to the operator of the nonconforming
use clearly exists as a result of financial, health or other calamity,
the Zoning Hearing Board may grant an extension of the eighteen-month
limit consistent with the hardship, but not more than one additional
year.
(3)
The nonconforming use of a structure or a lot shall be changed
only to a conforming use unless:
(a)
The applicant demonstrates a hardship in converting the use
to a conforming use; or
(b)
The new use will be in keeping with the character of the neighborhood
in which it is located and will have an equal or lesser impact on
the neighborhood than the existing nonconforming use. However, this
requirement does not preclude an owner from selling a nonconforming
use to a succeeding owner to operate as it was operated prior to the
sale.
(c)
A new nonconforming use replaces the existing nonconforming
use based upon the Zoning Hearing Board granting a use by special
exception in accordance with the following criteria and limitations:
[1]
The proposed use shall be permitted in the district in which
the nonconforming use would be a permitted use or in a more restrictive
zoning district than a district in which the nonconforming use would
be permitted.
[2]
The proposed use shall not generate more traffic than the existing
nonconforming use.
[3]
The proposed use, if nonresidential in nature shall not have
longer hours of operation than the existing nonconforming use.
[4]
The proposed use shall not generate higher levels of noise,
smoke or glare off the lot than the existing nonconforming use.
[5]
The proposed use shall be not more detrimental to the neighboring
lots and uses than the existing uses.
[6]
No new principal conforming uses may be established within a
building in addition to the proposed nonconforming use. If a new principal
conforming use is established within a building, the nonconforming
use must be eliminated.
(4)
The nonconforming use of a structure and/or land, or combination
of structure and land, may be superseded by a use permitted in the
zoning district where the lot is located and the use of the premises
must conform to the regulations of the zoning district.
(5)
Where a nonconforming use of structure and premises exists in
combination, removal of the structure and/or use in the structure
terminates the nonconforming use of the premises.
(6)
The maintaining or strengthening to a safe condition of any
nonconforming structure may not be interpreted as being denied by
any portion of this article.
C.
Nonconforming structures.
(1)
A structure that exists on a lot at the effective date of this
chapter or any amendment to it and that does not conform to the requirements
regarding height or minimum setbacks from adjacent streets or lot
lines may remain indefinitely, subject to the following provisions:
(a)
Any replacement of a nonconforming structure must be made in
compliance with the regulations governing development for the zoning
district in which the lot is located, except that if a hardship is
alleged by the owner, the owner may request a variance of the Zoning
Hearing Board which may approve replacement on the same foundation
that supported the structure to be replaced, but in no case a location
that was less conforming than the original location.
(b)
If a nonconforming structure is moved, it must conform to requirements
of this chapter regarding location on the lot.
