[Ord. 2-1991, 3/12/1991]
Within each zoning district established by this chapter or its
amendments there exist:
1.
Lot;
2.
Uses of land;
3.
Structures;
4.
Uses of structures or of land and structures in combination which
were lawful prior to the enactment or amendment of this chapter, but
which would be prohibited, regulated, or restricted under the terms
of this chapter, and which are hereinafter referred to as nonconforming.
It is the intent of this Part to allow these nonconformities to remain
or continue until they are brought into compliance. It is further
the intent of this Part that: (1) the presence of existing nonconformities
does not constitute grounds for the addition of structures or uses
in the same district which are not permissible by right; and (2) extension
or enlargement of a nonconforming use by the addition of uses not
normally accessory to the existing nonconforming use is not permissible.
5.
Nonconforming uses are declared by this Part to be incompatible with
the permitted uses of a district. A nonconforming use of structures,
land, or structure and land in combination may be extended or enlarged
only as provided herein.
6.
To avoid undue hardship, nothing in this Part shall be deemed to
require a change in the plans, construction, or designated use of
any structure on which actual construction was lawfully begun prior
to the effective date of this chapter and upon which actual construction
has been carried on diligently. Additionally, where excavation, demolition,
or removal of an existing structure has begun preparatory to rebuilding,
such activities shall be deemed actual construction provided that
work is carried on diligently.
[Ord. 2-1991, 3/12/1991]
1.
Following the effective date of this chapter, a permissible principle
structure and customary accessory structures may be erected upon a
single nonconforming lot of record. The lot may be used even if deficient
in the area or width or both, and it must be in separate ownership
from adjoining lots. Compliance with other requirements of this chapter
is not exempted.
2.
If two or more contiguous nonconforming lots held under single ownership
have been duly approved by the Borough Council and are on record in
the office of the Recorder of Deeds of Lebanon County for no more
than three years before the date of adoption of this chapter, such
lots may be developed, as recorded, provided that yard dimensions
and requirements other than those applying to area or width shall
conform to the regulations for the district in which such lots are
located.
3.
If two or more contiguous nonconforming lots held under single ownership
have been duly approved by the Borough Council and are on record in
the office of the Recorder of Deeds of Lebanon County for more than
three years before the date of adoption of this chapter, such lots
may be developed provided that:
A.
The lot area and lot width of all lots is 75% or more of the required
lot area and width.
B.
All yard, lot coverage, and other applicable requirements of the
district can be satisfied.
C.
Contiguous nonconforming lots which cannot satisfy requirements of
(A) and (B) of this subsection shall be combined, enlarged or resubdivided
to satisfy requirements (A) and (B).
4.
No portion of a nonconforming lot shall be sold or used in a manner
which further diminishes compliance with the lot area and lot width
requirements of this chapter, nor shall a portion of a conforming
lot be sold or used in a manner which creates a nonconforming lot.
[Ord. 2-1991, 3/12/1991]
1.
Where lawful use of land exists at the date of enactment of this
chapter which would not be permitted by the regulations imposed by
this chapter, and where such use involves no principal structure,
the use may be continued, provided that:
A.
No such nonconforming use of land may be resumed if it has been:
(1) abandoned as indicated by the removal of all or substantially
all physical evidence of its existence; (2) abandoned by discontinuance
for a period of one year as indicated by the lack of discernible activity
at the premises and the failure of the proprietor to display documentation
satisfactory to the zoning administrator that the use is active; (3)
superseded by the presence of another activity allowed in the district
whether or not required to be issued a permit. The use is formally
abandoned when so declared to the owner and proprietor by written
notice from the zoning administrator.
B.
The use may not be expanded by the erection of a principal structure
if none was present on the date of adoption of this chapter.
C.
No valid nonconforming use of land may be expanded across lot or
tract lines or across street right-of-way lines onto other lands of
the proprietor after the enactment of this chapter.
[Ord. 2-1991, 3/12/1991]
1.
A lawful structure existing at the effective date of adoption of
this chapter that could not otherwise be built due to restrictions
on lot coverage, height, yards, its location on the lot, or other
requirements concerning the structure, may remain, subject to the
following provisions:
A.
A structure may be enlarged or extended to continue an existing,
established nonconforming building line provided the addition conforms
to other applicable yard, lot coverage, and height requirements as
found herein.
B.
A nonconforming structure or portion thereof may be extended along
established, existing building lines provided:
(1)
The extension meets all other applicable yard, lot coverage,
and height regulations.
(2)
Extension or enlargement along the nonconforming setback line
shall be limited to a maximum 50% increase of the area of land covered
by the portion of the structure which is in a nonconforming position.
Extension or enlargement in a conforming manner is not subject to
the 50% limitation. No permit may be issued for any extension that
causes the nonconforming structure to become more nonconforming.
C.
A nonconforming structures which has been damaged or destroyed by
any means may be repaired or reconstructed provided:
(1)
The rebuilt structure is unchanged from its original size or
location, or is less nonconforming than the original structure.
(2)
Repair or reconstruction is commenced within one year from the
date of damage or destruction and completed within 18 months. Failure
to repair or reconstruct with the above period shall result in loss
of nonconforming rights, and any successive structure shall conform
with all applicable ordinance requirements.
D.
Should a nonconforming structure be moved for any reason the following
apply:
[Ord. 2-1991, 3/12/1991]
1.
If lawful use involving principal structures or land and structures
in combination exists at the effective date of adoption of this chapter,
the use may be continued so long as it remains otherwise lawful, subject
to the following:
A.
Abandonment of a nonconforming use of a structure (or a land/structure)
ends that nonconforming status so that the nonconforming use of record
may not thereafter be re-established. Successive uses of the premises
are required to conform to pertinent regulations herein. Abandonment
is deemed to occur when the nonconforming use is: (1) superseded by
another use, the owner's intent to abandon being taken by such
action regardless of whether procedures prescribed by this chapter
were begun; (2) ceased by a discontinuance of the use for a period
of one year as evidenced by but not limited to the following characteristics
documented at the beginning and throughout the year of observing the
premises: (a) removal of signs, (b) building fallen into disrepair,
(c) failure to meet tax obligations, (d) lack of discernible activity
on the premises as compared to the activity on premises of similar
use, and, (e) failure to supply supporting information to the zoning
officer to document ongoing activity in the nonconforming use.
B.
Enlargement of either the structure containing the nonconforming
use or the land used in conjunction with the use is limited to the
lot or tract upon which the use is located, or another lot or tract
which: (1) is contiguous to the lot where the nonconforming use is
located; (2) is now and has been held in the same ownership as the
lot where the nonconforming use is located since prior to the enactment
of this chapter; (3) does not contain a principal use; (4) is not
separated form the lot where the nonconforming use is located by a
street right-of-way.
C.
Any nonconforming use of a structure (or land and structure in combination)
may, as a special exception, be changed to another nonconforming use
provided the Zoning Hearing Board finds that the proposed use is equally
appropriate or more appropriate to the district than the existing
nonconforming use.
D.
Where valid nonconforming status applies to the use of a structure
(or land and structure in combination), the owner's willful and
voluntary destruction of that structure revokes the nonconforming
status, and it may be resumed. A structure destroyed or damaged by
causes, none or which are not the voluntary actions of the owner,
may be replaced or restored within one year of the damage.
[Ord. 2-1991, 3/12/1991]
A use which is present at the enactment of this chapter and
which is permissible as a special exception in its district is hereafter
classifiable as a permitted use. Where express conditions and criteria
are attached to the approval of such use as a special exception, the
same are necessary for any change, expansion, or enlargement as part
of the permit review process.
[Ord. 2-1991, 3/12/1991]
A sign erected, constructed, replaced, altered, enlarged, or
relocated before the effective date of this chapter which does not
conform to applicable standards of this chapter is a nonconforming
sign. Following the effective date of this chapter, no work may be
done to the sign unless it conforms to pertinent requirements of the
sign regulations in this chapter.
