The overall purpose and intent of these general regulations
is to identify supplementary provisions and standards which are common
to all zoning districts.
A.
Lot area and yard requirements.
(1)
An existing lot that complies with the area and dimensional standards
of this chapter shall not be reduced in size so that the minimum lot
area and/or dimensional requirements of this chapter are no longer
met. An existing lot that does not comply with the minimum lot area
standards of this chapter shall not be subdivided. A lot that does
not comply with the minimum dimensional standards shall not be subdivided
so as to further reduce the nonconforming standard or create a new
nonconforming condition.
(2)
Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as provided in § 112-810.
(3)
The lot or yard requirements for any permitted building or use shall
not include any part of a lot that is required by any other permitted
building or use to comply with the requirements of this chapter.
B.
Frontage and access.
(1)
Every principal permitted building shall be built upon a lot with
frontage upon a public or private street which is improved in accordance
with the design standards for streets as set forth in the Borough
Subdivision and Land Development Ordinance[1] or for which such improvements have been insured by the
posting of a performance guaranty pursuant to the Subdivision and
Land Development Ordinance. Such frontage shall be in accordance with
that specified in the article pertaining to the particular district
in which such lot is located.
C.
No more than one principal use shall be permitted on a lot, except
in the following cases:
D.
Minimum lot width at the building line. Where a minimum lot width
at the building line is specified, no principal building shall be
erected on any part of a lot which has a width of less than required
under the applicable zoning district, except as provided in § 122-810.
E.
Front yards of corner lots. Corner lots shall provide yards fronting
streets equal to the build-to-line along both streets for any new
lot created after the effective date of this chapter.
F.
Front yard regulations. Where a minimum depth of front yard is specified
in a district, an open space of at least the specified depth shall
be provided between the street line or lines and the nearest point
of any building or structure, except as may be hereinafter permitted.
G.
Exception to required front yard for certain accessory uses. The
front yard requirements for any district shall not apply to driveways,
sidewalks, lights, fences, walls, signs and designated off-street
parking areas open to the air in the Commercial Service and Industrial
Districts. Garages, carports or other like structures shall not be
located in front yards.
H.
Side and rear yard requirements. Where a minimum width of side yard
is specified, no building or other structure shall be erected within
such width from either side lot line.
I.
Projections of buildings into required yards.
(1)
No building or structure or part thereof shall be erected within
or shall project into any required yard in any district, except for:
(a)
Uncovered and unroofed spaces, including steps, ramps or patios
on grade.
(b)
Clothes-drying lines.
(d)
Buttresses, chimneys and cornices.
(e)
Pedestrian walkways which are built over a public right-of-way,
provided that they are built in compliance with the Borough's Building
Code.[3] The pedestrian walkway shall not be used in the calculation
of any area and bulk requirement in this chapter, and the maximum
width of the walkway shall not exceed 15 feet. The use of the walkway
shall be limited to pedestrian connection between two buildings which
are on opposite sides of a public right-of-way.
(2)
Except for a pedestrian walkway which is built over a public right-of-way, no projection permitted in § 112-802I(1) shall extend more than five feet from the building line into the required yard setback.
(4)
Decks shall only be permitted to extend up to five feet into
the required rear yard setback. With regard to buildings that have
existing nonconforming side yard setbacks, a deck may be constructed,
provided that the degree of nonconformity with respect to the side
yard setback is not increased. Notwithstanding the foregoing, under
no circumstances shall a deck be any closer than three feet to the
side lot line.
J.
Accessory use structures in yards. In any district, unless otherwise
specified, accessory use structures may be erected in the side or
rear yard not closer than five feet from the side and rear lot lines,
provided that such structures are entirely separated from the principal
building and are located at least 10 feet farther back from the front
street line than the rear most portion of the principal building,
except for:
(1)
Fences or walls which define property boundary lines or serve
as a required continuous visual buffer.
(2)
A shared driveway for two lots, which may straddle property
lines.
(3)
Structures in the Town Center District, which shall meet the setback requirements of the Town Center District; § 112-309.
(4)
Unroofed garden structures, e.g., pergolas, arbors, lattices.
(5)
Structures for which no other viable location exists, as approved
by the Zoning Hearing Board by special exception.
The Borough Council may determine that the height regulations
prescribed within this chapter may be exempted for church spires,
steeples or belfries; cupolas or domes; solar panels; clock towers;
chimneys; ventilating fans; air-conditioning equipment; roof structures
for the housing of elevators and/or stairways; fire or parapet walls;
skylights; flagpoles; water towers or water tanks; utility poles;
windmills; silos; smokestacks; and ornamental or other necessary mechanical
appurtenances, provided that such structures are not used for human
occupancy and are set back a distance equal to their height (from
ground level to the top of the structure) from a lot line.
A.
No fence or wall over eight feet in height shall be erected in the
IS or ID Districts within any of the required yards except a retaining
wall or a wall of a building permitted under the terms of this chapter,
unless that portion of the fence or wall which exceeds eight feet
in height has a ratio of open to solid area of at least four to one,
subject to intersection sight distance, landscaping and screening
requirements.
B.
No fence or wall over six feet in height shall be erected in the
NC, TC or CS Districts within any of the required side or rear yards
except a retaining wall or a wall of a building permitted under the
terms of this chapter, subject to intersection sight distance, landscaping
and screening requirements.
C.
No fence or wall over six feet in height shall be erected within
the front yard on a lot in the NC, TC or CS Districts or beyond the
front wall of the principal building on a lot in the NC, TC or CS
Districts, unless that portion of the fence or wall which exceeds
six feet in height has a ratio of open to solid area of at least four
to one, subject to intersection sight distance, landscaping and screening
requirements.
D.
Fences or walls which exceed six feet in height and/or fences or
walls which exceed six feet in height that do not have a ratio of
open to solid area of at least four to one and which are erected within
the front yard on a lot in the NC, TC or CS Districts or beyond the
front wall of the principal building on a lot in the NC, TC or CS
Districts may be approved as a conditional use, subject to intersection
sight distance, landscaping and screening requirements and conditional
use requirements of this chapter. The application fee for such conditional
use shall be $75 or such other fee as may be established by Borough
Council from time to time.
On any lot, no wall, fence or other structure shall be erected,
altered or maintained and no hedge, tree, shrub or other growth shall
be installed or maintained which may cause danger to traffic on a
street by obscuring the view. A clear sight triangle shall be maintained
in accordance with the design standards and required improvements
for streets set forth in the Borough Subdivision and Land Development
Ordinance.[1]
Whenever the existing street right-of-way is less than that
required by the Borough Subdivision and Land Development Ordinance[1] for the particular classification of street, the right-of-way
widths set forth in the Subdivision and Land Development Ordinance
shall be applicable to any development related to this chapter.
A.
Except as may be permitted in the TC and CS Districts, no part of
the street right-of-way, no sidewalks or other areas intended or designed
for pedestrian use, no required parking areas and no part of the required
front yard shall be occupied by outside storage and display, except
in the case of a sidewalk sale, flea market, public auction or garage
sale, provided that such sales shall not take place more than four
times per year for a period not to exceed four days per event.
B.
Outside storage and display areas shall occupy an area of less than
1/2 the existing building coverage.
C.
Outside storage and display areas not related to a sidewalk sale,
flea market, public auction or garage sale shall be screened from
view from any public street or residential zoning district in accordance
with the applicable landscaping standards.
D.
Uses requiring more land area for such storage or display may be
permitted by special exception. However, in no case shall more than
25% of the lot area be used in outdoor storage or display.
E.
All organic rubbish or storage shall be contained in airtight, verminproof
containers.
F.
Recreational vehicles and travel trailers. Recreational vehicles
and/or travel trailers may be stored in the rear or side yard of the
principal permitted use or in a garage or roofed structure and shall
be no closer to a property line than the setback line created by the
various yard requirements when stored outside. Such vehicles and/or
trailers shall be screened from adjacent properties in accordance
with applicable landscaping standards.
G.
Junk vehicles. Junk vehicles may not be kept or stored outdoors on
public or private property for longer than 96 hours during any thirty-day
period, provided that junk vehicles may be worked on or stored within
a garage or other fully enclosed structure. This regulation does not
apply to the following:
(1)
Commercial businesses which are permitted principal land uses
and are normally involved in the repair or assembly of such vehicles.
(2)
Antique cars or other automobiles in the process of being reconstructed
for purposes of qualifying as antique cars and which have been registered
with the Zoning Officer, provided that:
(3)
No more than one vehicle without current inspection or registration
or license tags shall be permitted outside on any residential lot,
and such vehicle shall not at any time be in a state of major disassembly
or disrepair or be in the process of being stripped or dismantled.
(4)
No more than two vehicles without current inspection or registration
or license tags shall be permitted outside on any nonresidential lot,
and such vehicles shall not at any time be in a state of major disassembly
or disrepair or be in the process of being stripped or dismantled.
A temporary permit may be issued by the Zoning Officer for structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature, subject to the following additional provisions:
A.
It is the intent of these regulations to prevent land or buildings,
including those permitted by right, conditional use or special exception,
from being used or occupied in any manner so as to create any dangerous,
injurious, noxious or otherwise objectionable condition adversely
affecting the surrounding area. All uses shall operate in conformance
with the environmental controls set forth herein and relevant statutes,
codes, rules and other regulations of the United States government,
the Commonwealth of Pennsylvania, Chester County, the Borough and
governmentally-regulated companies, authorities and other entities
which have jurisdiction over sewage disposal, water supply, water
quality, traffic and other consumption or emission characteristics
of land use. The most stringent regulation applicable shall be used.
C.
Noise control. The following provisions shall apply to any noise-producing
source within the Borough:
(1)
No person shall make, continue or cause to be made or continued any
noise disturbance.
(2)
The following acts and the causing thereof are in violation of this
chapter, including but not limited to the following;
(a)
Operating, playing or permitting the operation or playing of
any radio, television, phonograph, drum, musical instrument, cassette
player, sound amplifier or similar device which produces, reproduces
or amplifies sound:
[1]
At any time in such manner as to cause a noise disturbance across
a lot line or between the hours of 9:00 p.m. of one day and 7:00 a.m.
of the following days so as to be audible across a lot line of the
receiving land use.
[2]
In such manner as to create a noise disturbance across such
a lot line or at 50 feet from such source, whichever is less, when
the source is operated in, from or on a motor vehicle or is hand carried
on a public right-of-way or public space.
[3]
In such a manner and at a time as to cause a noise disturbance
and which disturbs the peace and quiet of the immediate neighborhood.
(b)
Engaging in loud or raucous yelling, shouting, hooting, whistling
or singing on the public streets between the hours of 9:00 p.m. of
one day and 7:00 a.m. of the following day or at any time or place
in such a manner as to cause a noise disturbance.
(c)
Operating or permitting the operation of any tools or equipment
used on construction operations, drilling or demolition or other work
or in the sweeping of parking lots in areas adjacent to residential
districts between the hours of 9:00 p.m. of one day and 7:00 a.m.
of the following day on weekdays and Saturdays or at any time on Sundays
or legal holidays such that the sound therefrom causes a noise disturbance
across a residential lot line, except for emergency work.
(d)
Operating or permitting the operation of any electrically powered
saw, drill, sander, grinder, lawn or garden tool, snowblower or similar
device used outdoors between the hours of 9:00 p.m. of one day and
7:00 a.m. of the following day so as to cause a noise disturbance
across a lot line of the receiving land use.
(e)
Loading, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans or other objects between
the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day
in such a manner as to cause a noise disturbance across a residential
lot line. This subsection shall not apply to municipal or utility
services in or about the public right-of-way.
(f)
Owning, possessing, harboring or controlling any animal or bird
which howls, barks, meows, squawks or makes other sounds continuously
and/or incessantly for a period of 10 minutes or makes such noise
intermittently for 1/2 hour or more to the disturbance of any person
at any time of the day or night, regardless of whether the animal
or bird is situated in or upon private property; provided, however,
that at the time the animal or bird is making such noise, no person
is trespassing or threatening to trespass upon private property in
or upon which the animal or bird is situated or for any other cause
which teased or provoked the animal or bird.
(g)
Offering for sale or selling by shouting or outcry or by any
other amplified or unamplified sound, except between the hours of
7:00 a.m. of one day and 7:00 p.m. of the same day.
(h)
The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair, replacement or other work, of
any muffler or sound-dissipative device or element of design or noise
label of any product; the intentional moving or rendering inaccurate
or inoperative of any sound-monitoring instrument or other device
positioned by or for the Borough or other governmental entity, provided
that such device or the immediate area is clearly labeled or posted
to warn of the potential illegality; and the use of a product which
has had a muffler or sound-dissipative device or element of design
or noise label removed or rendered inoperative with knowledge or reason
to know that such action has occurred.
(i)
Repairing, rebuilding or testing or otherwise working on any
motorcycle or other motor vehicle, motorboat or aircraft in such a
manner as to cause such disturbance across a lot line of the receiving
land use.
(3)
The noise from any of the aforesaid prohibited acts that disturbs
two or more residents or owners in use or occupancy, who are in agreement
as to the times and durations of the noise and who occupy separate
buildings across a lot line from the noise source, shall be prima
facie evidence of a noise disturbance.
(4)
The following sounds are exempted from the provisions above:
(a)
Blasting, only if performed in accordance with a permit issued
by the Fire Marshal. Such blasting may occur only between 8:00 a.m.
and 4:30 p.m., Monday through Friday, unless specifically authorized
otherwise by the permit.
(b)
Band concerts, carnivals or other performances or similar activities
publicly or privately sponsored and presented in any public or private
space outdoors, provided that such activities do not occur between
11:00 p.m. on one day and 10:00 a.m. on the following day.
(c)
Sounds caused by the performance of emergency work or by the
ordinary and accepted use of emergency apparatus and equipment.
(d)
Sounds resulting from the repair or replacement of any municipal
or utility installation in or about the public right-of-way.
(e)
Sounds, not electronically amplified, created by organized school-related
programs, activities, athletic and entertainment events or other public
programs, activities or events, other than motor vehicle racing events.
(f)
Sounds made by warning devices operating continuously for three
minutes or less, except that, in the event of an actual emergency,
the limitation shall not apply.
D.
Vibration control. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual at or beyond the property boundary of the source
if on private property or at 50 feet from the source if on a public
space or public right-of-way shall be prohibited. For the purposes
of this section, "vibration perception threshold" means the minimum
ground- or structure-borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as
but not limited to sensation by touch or visual observation of moving
objects.
E.
Storage control.
(1)
All storage of flammable materials shall comply with the provisions
of the West Chester Borough Code.
(2)
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transferred off the lot by natural
causes or forces, nor shall any substance which can contaminate a
stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any stream or watercourse.
(3)
All materials or wastes which cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored outdoors only if enclosed in containers
adequate to eliminate such hazards or any leaching to substratum.
F.
Glare and heat control.
(1)
In any nonresidential district, direct, unshielded or sky-reflected
glare from spotlights or floodlights over 150 watts or from high-temperature
processes (such as combustion or welding or from other sources) greater
than two footcandles visible at the lot line of the receiving land
use shall be prohibited. There shall be no emission or transmission
of heat or heated air so as to be discernible at the lot line of the
receiving land use.
(2)
In any residential district, floodlighting or high-intensity
lighting over 150 watts shall be located so that the glare or reflection
is not greater than one footcandle at the lot line of the receiving
land use.
(3)
No floodlighting or high-intensity lighting, except for surveillance,
security, decorative or safety lighting, shall be permitted after
11:00 p.m. in any residential district.
G.
Fire and explosion control. All activities and all storage of flammable
and explosive materials at any point within a lot shall be provided
with adequate safety and firefighting devices.
H.
Excavation control. Except as related to gardening activities, excavation and removal of sod, topsoil and earth material, such as sand, gravel or rock, and earthmoving activities shall be in full compliance with Chapter 97, Subdivision and Land Development, and may occur only under the following conditions:
(1)
For the sole purposes of constructing or altering a building
or street or grading related to such improvements.
(2)
When such activities would not result in the establishment of
pits, mounds, loose boulders or other conditions which could be hazardous.
(3)
When such activities would not result in new topographic conditions
which would alter the pattern and volume of drainage onto adjoining
properties.
(4)
When such activities would not result in the transport of sod
and earth materials which could result in the deposit of soil and
dust particles on the Borough's streets, in the air or on adjoining
properties.
I.
Electromagnetic radiation controls. No use shall produce any electromagnetic
radiation or radioactive emission injurious to human beings, animals
or vegetation. Electromagnetic radiation or radioactive emissions
shall not be of any intensity that interferes with the use of any
other property.
A.
Except as otherwise noted in this section, the following regulations
shall apply in all districts to any lot where there is any nonconformity
on the effective date of this chapter. For purposes of this section,
the words "area and bulk regulations" shall mean the lot area, lot
width at building line, lot width at street line, lot coverage, green
area, building setback line, design standards, side yard, rear yard,
maximum building height and similar regulations established in each
of the district regulations.
B.
Continuation. Any nonconforming building or structure, nonconforming
use of a building or structure, nonconforming use of a lot or use
of a nonconforming lot existing on the effective date of this chapter
may be continued, except as otherwise provided in this section.
C.
Extension, enlargement or additional buildings. The erection of new
buildings, enlargement of existing buildings or structures, extension
of existing uses of land or establishment of uses on a lot where there
is any legal nonconformity of use, size or location on the lot at
the effective date of this chapter or amendment thereto shall be regulated
according to the type of nonconformity in accordance with the provisions
of the section regulating the type of nonconformity involved.
D.
Nonconforming uses of land. A nonconforming use of land, exclusive
of buildings on the lot, or of land containing no buildings may be
extended on the lot so used where such use exists at the effective
date of this chapter, provided that the area of such use shall not
be increased by more than 10% of the area of that portion of the lot
actually occupied by the use, and such extension shall conform to
the most restrictive area and bulk requirements and to the design
standards for the district. The extension of a nonconforming use of
land shall be limited to that which was in single and separate ownership
on the effective date of this chapter, except that any portion of
the lot which is subdivided after the effective date of this chapter
and to which the nonconforming use has not been extended before subdivision
shall, after subdivision, be used only in conformity with all the
provisions of this chapter.
E.
Conforming uses, conforming buildings on nonconforming lots. Conforming
buildings of which a conforming use is made and which are located
on a lot which is nonconforming at the effective date or amendment
of this section may be enlarged or additional buildings may be erected,
subject to the following:
(1)
Provided that all of the area and bulk regulations, except minimum
lot size and minimum lot width at building line and all design standards
for the district in which the lot is located, are complied with and
not exceeded.
(2)
If a lot on which a single-family detached dwelling has been
constructed is rendered nonconforming in the minimum lot size by an
amendment to this section adopted after the construction and residential
use and occupancy of such dwelling, subject to the grant of a special
exception by the Zoning Hearing Board, the owner may enlarge the dwelling
by encroachment into the existing rear yard, provided that:
(3)
Provided, if the owner of such lot owns or controls adjacent
land sufficient to enable him to enlarge the lot in conformity or
more nearly in conformity with the district regulations, he shall
be required to enlarge the lot before any extensions, enlargements
or additional buildings are permitted; provided, however, that such
enlargement of a nonconforming lot shall not create nonconformity
of any kind on such adjacent land.
F.
Conforming uses of nonconforming buildings on conforming lots.
(1)
Buildings of which a conforming use is made, but which are nonconforming
in area and bulk by exceeding the allowed coverage or height for the
district in which they are located, may not be enlarged unless the
lot size is enlarged to conform to the district regulations. If the
lot size is enlarged, the addition or enlargement shall conform in
all respects to all of the area and bulk regulations and design standards
for the district in which the lot is located.
(2)
Buildings of which a conforming use is made, but which are nonconforming
in location on a lot, may be enlarged or additional buildings may
be constructed, subject to the following:
(a)
Additional buildings and enlargement of existing buildings shall
conform to all of the area and bulk regulations and all design standards
for the district in which the lot is located. No existing side yard
nonconformity in the side may be increased by such additional building
or enlargement of existing buildings.
(b)
A nonconforming building located entirely outside the building
envelope shall not be enlarged or added to.
(c)
A nonconforming building which is located partially outside
the building envelope may be enlarged or added to, provided that such
enlargement or addition is located wholly within the building envelope
and the addition complies with all area and bulk requirements.
(d)
Where an additional building is proposed to be constructed within
the building envelope on a lot on which an existing nonconforming
building is located wholly outside the building envelope, the conforming
building envelope shall be reduced by an area equal to twice the area
of the nonconforming building footprint measured to the outside walls.
(e)
If a single-family dwelling is rendered nonconforming in location
on the lot by an amendment to this section adopted after the construction
and residential use and occupancy of such dwelling, the owner may,
as of right, enlarge the dwelling laterally along and within the existing
building setback of such dwelling, provided that there is no encroachment
into the minimum side yard, and/or the owner may, as of right, enlarge
the dwelling laterally along the line established by the rear wall
of the existing dwelling, provided that there is no encroachment into
any minimum side yard. There shall be no encroachment permitted into
that part of the rear yard extending from the face of the rear wall
of the existing dwelling to the rear property line.
(f)
A building may be enlarged within the existing building footprint
by the construction or enlargement of one or more additional stories
or parts thereof not exceeding the maximum height limitation for the
district in which the building is located.
G.
Conforming uses of nonconforming buildings on nonconforming lots.
A nonconforming building existing on a nonconforming lot at the effective
date or amendment of this section, if such building is used in conformity
with the use provisions of the district in which it is located, may
be enlarged or additional buildings may be constructed, subject to
the following:
(1)
Provided that all area and bulk regulations (except minimum
lot size and minimum lot width at building line) meet all design standards
for the district in which the lot is located and are complied with
and not exceeded. No building which exceeds the minimum lot coverage
or height limitations of the district shall be enlarged or extended.
(2)
Except as otherwise restricted, a building may be enlarged within
the existing building footprint by the construction or enlargement
of one or more additional stories or parts thereof not exceeding the
maximum height limitation for the district in which the building is
located.
(4)
If the lot on which the single-family dwelling has been constructed
is rendered nonconforming in minimum lot size and location of the
dwelling on the lot by an amendment to this section adopted after
the construction and residential use and occupancy of such dwelling,
the owner may, as of right, enlarge the dwelling laterally along and
within the existing building setback of such dwelling, provided that
there is no encroachment into any minimum side yard, and/or the owner
may, as of right, enlarge the dwelling laterally along the rear wall
of the existing dwelling, provided that there is no encroachment into
any minimum side yard. There shall be no encroachment permitted into
that part of the rear yard extending from the face of the rear wall
of the dwelling to the rear property line, absent the grant of a special
exception, as provided for in this section.
(5)
If a lot upon which a single-family dwelling has been constructed
is rendered nonconforming in minimum lot size by an amendment to this
section adopted after the construction and residential use and occupancy
of such dwelling, subject to the grant of a special exception by the
Zoning Hearing Board, the owner may enlarge the dwelling by encroachment
into the existing rear yard, provided that:
(6)
Such enlargements or additional buildings shall be limited to
the lot which was in single and separate ownership at the effective
date or amendment of this section. If the owner of such lot owns or
controls adjacent lands sufficient to enable such owner to enlarge
the lot in conformity or more nearly in conformity with the district
regulations, he shall be required to enlarge the lot before any building
enlargement or addition is permitted; provided, however, that such
enlargement or addition on a nonconforming lot shall not create nonconformity
of any kind on such adjacent land.
H.
Nonconforming uses of conforming buildings on conforming lots. A
building which is conforming in area and bulk regulations and design
standards on a conforming lot which houses a nonconforming use may
be increased in area by enlargement of the existing building or by
construction of additional buildings, subject to the following requirements:
(1)
A special exception is granted by the Zoning Hearing Board for
expansion of the proposed use.
(2)
The existing building, plus such extension, enlargement, or
additional buildings, does not exceed the area and bulk regulations
or design standards for the district in which the lot is located or
for that use in a zoning district where the use is allowed or otherwise
cause the lot to become nonconforming.
(3)
The area of such building shall not be enlarged, nor shall any
additional buildings be constructed which exceed, in floor area, more
than 25% of the floor area of such building on the date it first became
legally nonconforming.
(4)
The enlargement, additional building or extension of such nonconforming
use shall be limited to the lot which was in single and separate ownership
at the effective date or amendment of this section.
I.
Nonconforming uses of conforming buildings on nonconforming lots. Nonconforming uses of conforming buildings located on nonconforming lots shall be subject to the provisions of Subsection H of this section.
J.
Nonconforming uses of nonconforming buildings on conforming lots.
A nonconforming use of a nonconforming building located on a conforming
lot shall be subject to the following provisions:
(1)
In all districts, buildings nonconforming in area and bulk by
exceeding the allowable lot coverage or height for the district shall
not be enlarged or additional buildings constructed.
(2)
In all districts, buildings nonconforming in location on the
lot by reason of being closer to a lot line or setback line than the
minimum requirements for the district may be enlarged or additional
buildings constructed, subject to the following provisions:
(a)
Enlargements and additional buildings shall conform to all setback
requirements for the district.
(b)
The buildings on the lot at the effective date of this chapter,
plus the enlargements or additions, do not exceed the lot coverage
requirements for the most restrictive district and all design standards
for the district are complied with.
(c)
The enlargements and additional buildings for the extension
of a nonconforming use shall be limited to the lot which was in separate
and single ownership at the effective date of this chapter.
(d)
A special exception is granted by the Zoning Hearing Board.
(e)
Prior to granting any special exception hereunder and as a condition
precedent thereto, the Zoning Hearing Board shall determine that the
proposed enlargement of existing buildings or construction of additional
buildings is necessitated solely by reason of the need to accommodate
the natural growth of the then-existing nonconforming use and not
by reason of any change in use or addition of other principal or accessory
uses.
(f)
The cumulative increase in floor area of all expansions, extensions
and new construction, subsequent to the date of enactment of this
subsection, shall not exceed 25% of the floor area that existed or
was then authorized by a valid building permit.
K.
Nonconforming uses of nonconforming buildings on nonconforming lots.
A nonconforming building of which a nonconforming use is made on a
nonconforming lot may not be enlarged, nor may additional buildings
be constructed.
L.
Nonconforming lots containing no buildings. A nonconforming lot which
contains no buildings and which is in single and separate ownership
at the effective date of this chapter, which is not of the required
minimum area or width or which is of unusual dimensions such that
the owner could not provide the open spaces required for the district
may be used or a building erected thereon under the following conditions:
(1)
The owner does not own or control other adjoining properties
sufficient to enable him to comply with the area and bulk requirements
for the district.
(2)
A special exception is granted by the Zoning Hearing Board.
In addition to other standards governing special exceptions, the Board,
in considering a special exception for this use, shall impose the
following requirements:
(3)
In any residential district, a single-family dwelling may be constructed on a lot of this character without special exception by the Zoning Hearing Board if the conditions of Subsection L(1) above are met and if all the setback, yard and coverage requirements for the district are met; otherwise, the provisions of Subsection L(2) above shall apply.
M.
Application to accessory uses. The provisions of this article relative
to continuation and extension of nonconforming uses shall not apply
or be applicable to an accessory use.
N.
Standards applicable to nonconformities and to imposition of requirements
by the Zoning Hearing Board.
(1)
In passing upon any application for a special exception made
with respect to the provisions of this section, the Zoning Hearing
Board shall require the applicant to strictly comply with the provisions
of this section. No special exception shall be granted in violation
of area and bulk regulations or design standards of this section,
except as expressly provided for in this section or unless a variance
is granted from any applicable area and bulk regulation or design
standard otherwise applicable. The owner of a nonconformity has no
inherent right to build in gross conflict with setback, side and rear
yard requirements, coverage requirements or other area and bulk regulations
or design standards of the district in which the property is located.
For purposes of these provisions, the term "area and bulk regulations"
shall mean lot size, lot width at building line, lot width at street
line, lot coverage, green area, building setback line, side yard,
rear yard, maximum building height, design standards and similar regulations
established in each of the district regulations, and the term "building
envelope" shall mean that area established by the district's minimum
yard and building setback regulations within a lot in which a building
or structure may be located.
(2)
In those districts in which the district regulations establish
different area and bulk regulations for uses permitted as of right
and for uses permitted by special exception or by conditional use,
no lot shall be construed to be nonconforming for purposes of the
regulations established in this section which complies with the minimum
lot size requirements applicable to uses permitted as of right. Uses
by special exception and/or conditional uses shall not be permitted
on any such lot, and the area and bulk regulations applicable to special
exception and/or conditional uses shall not render the lot nonconforming
unless the applicant demonstrates that the lot cannot reasonably be
used for any use permitted as of right in such district or unless
the area and bulk regulations applicable to such uses permitted by
special exception or conditional use are the same as those applicable
to uses as of right.
(3)
No provision of this section which establishes a 25% limitation
on the expansion of a nonconforming use shall be construed to automatically
authorize an expansion to such 25% maximum. The burden of proof shall
rest upon the applicant to establish the need for such expansion consistent
with the established principles of law. When such expansion has been
permitted, no further expansion shall be allowed, either by action
of the Zoning Officer or by the Zoning Hearing Board.
O.
Change of use. A lawful nonconforming use of land, building or structure
may be changed to a use permitted by right by the applicable zoning
regulations for the district in which the land, building or structure
is located. A lawful nonconforming use of land or of a building or
other structure may be changed to another nonconforming use which
is less intense than the prior use. Such intensity shall be measured
by the extent of lot coverage, parking, traffic, noise pollution,
air pollution, safety and other area and bulk regulations.
P.
Abandonment of use. Whenever a nonconforming use of land or of a
building or other structure or any portion thereof is abandoned or
discontinued for a continuous period of one year or more, such abandonment
or discontinuance shall be presumed to constitute an intention to
abandon or discontinue such use. Any subsequent use of such building
or structure or land shall be in conformity with the provisions of
this chapter.
Q.
Restoration. Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed by fire, explosion,
windstorm or other similar act or cause or a nonconforming building
which has been legally condemned may be reconstructed and used for
the same nonconforming use, provided that the reconstructed building
shall not exceed in height, area and volume the building destroyed
or condemned, and the building reconstruction shall be commenced within
one year from the date the building was destroyed or condemned and
shall be carried on without interruption.
R.
Nonconforming signs.
(1)
Any sign, signboard, billboard or advertising device existing
at the time of the passage of this chapter that does not conform to
the regulations of the district in which it is located shall be considered
a nonconforming sign and may be used in its existing location, provided
that it is maintained in good condition and repair at all times.
(2)
Nonconforming signs, once removed, may be replaced only with
conforming signs; however, legal nonconforming signs may be repainted
or, after issue of a permit, repaired or modernized, provided that
such repaired or modernized sign does not exceed the dimensions of
the existing sign.
S.
Single-family residential dwellings rendered nonconforming use. If
the residential use of a single-family residential dwelling is rendered
nonconforming by an amendment to this section that changes the zoning
classification of the lot on which the dwelling is located to any
commercial or industrial zoning district classification and said amendment
is adopted after the construction and residential use and occupancy
of such dwelling, such dwelling may be extended and enlarged on the
lot held in single and separate ownership at the time of such amendment,
subject to the following:
(1)
Compliance with the area and bulk regulations and design standards
applicable to the NC-2 Residential Zoning District; and
(2)
The owner's execution of a covenant running with the land, in
a form suitable for recordation, binding and enforceable by the Borough
against the owners, their heirs, successors, administrators and assigns,
in which the owner agrees on his and their behalf that, upon cessation
of the residential use and occupancy, the lot and dwelling shall be
used and occupied only in compliance with the use and area and bulk
regulations and the design standards of the underlying commercial
or industrial zoning district, as the case may be, and that the extension
and/or enlargement authorized by this section shall be removed.
T.
Area and bulk requirements. In instances where this chapter does
not provide area and bulk requirements for a specific nonconforming
use, the most restrictive area and bulk requirements for the zoning
district where the use is located shall apply.
Forestry, including timber harvesting, shall be permitted by
right in all zoning districts.