A.
Attached structures. An accessory structure, attached
to the principal building, is considered a part of the principal building
for all regulatory purposes.
B.
Nonattached structures. An accessory structure, standing
apart from the principal structure, is permitted only in a rear yard.
The following provisions, however, set forth modifications to this
regulation, as well as additional regulations governing nonattached
structures.
(1)
In the RT and VC Zones, such a structure may be located
within the required front setback area from a local street, as identified
in the Jefferson Borough Circulation Plan (which is on file in the
Borough office and its content is incorporated here by reference),
provided that it is located in the rear yard and is at least 20 feet
from the street line.[1]
(2)
In the RT, RO and VC Zones, an accessory utility shed,
as defined in this chapter, is permitted in the rear yard, provided
that it is at least three feet from any street line or lot line.
(3)
Apartments or other living quarters shall not be permitted in any accessory structure except provided by exception in § 198-44.
(4)
Other than as listed above, for all other requirements,
a nonattached structure is considered the same as a principal building.
C.
Fences and walls. In all zones, a fence (except a
pool fence) or wall (except a retaining wall of a building permitted
under the terms of this chapter) shall not exceed a height of more
than three feet in a front yard or front setback area and shall not
exceed a height of four feet in a side or rear yard area, provided
that it is not located within any front setback area, unless authorized
by a variance.
[Amended 12-7-2015 by Ord. No. 2015-01]
D.
Solar and wind energy facilities. Solar or wind energy
systems, either as part of a structure or as an independent structure,
providing a significant fraction of the electricity, space heating,
space cooling or domestic hot water heating for a permitted use in
any zone shall be permitted as accessory uses subject to the following
constraints:
(1)
Solar energy systems.
(a)
Solar energy systems shall be permitted in any
yard area except the front yard area. Flush-mounted units, however,
may be mounted on any side of the structure.
(b)
No solar energy system located on the ground
shall exceed a height of eight feet. No solar energy system mounted
on a roof shall project more than five feet above the peak of the
roof.
(c)
The maximum ground coverage of a structure supporting
a solar collector shall not exceed 25% of the area of the ground floor
of the principal building. Solar collectors and/or solar energy systems,
however, shall not be included in the lot coverage calculations, provided
their installation will not create adverse stormwater problems and
will not significantly detract from the groundwater recharge potential
of the immediate vicinity.
(d)
Solar energy systems may be located within 10
feet of a side or rear property line, provided that no portion of
the structure or architectural features needed for operation of the
system projects over the property line; its location does not interfere
with sight distance at street intersections; and that existing solar
energy systems will not be substantially impaired by shadowing more
than 10% of the collector area between 9:00 a.m. and 3:00 p.m. on
a clear winter solstice (December 21) day.
(2)
Wind energy systems.
(a)
Wind energy systems shall be permitted in any
yard area except the front yard area.
(b)
The setback from any lot line must be equal
to the height of the tower, plus the length of the longest extension
of the rotor.
(c)
Climbing access to the tower shall be secured
from use by unauthorized persons.
E.
Satellite dish antenna. Any accessory structure capable
of receiving, for the sole benefit of the principal use, radio or
television signals from a transmitter or transmitter relay located
in planetary orbit shall be subject to the following constraints:
(1)
Such devices shall not be placed within any required
setback area.
(2)
Satellite dish antenna shall be permitted only in
the rear yard area, provided that no portion of the structure projects
over the lot line.
(3)
No ground-mounted dish antenna on any residential
lot shall exceed an overall diameter of 12 feet or an overall height
of 15 feet.
(4)
No roof-mounted dish antenna shall project more than
five feet above the peak of the roof.
(5)
Only one satellite dish antenna is permitted per residential
building lot.
F.
Outdoor swimming pools. The following regulations
apply to any pool or open tank capable of containing water to a depth
greater than 1 1/2 feet:
(1)
Every outdoor swimming pool shall conform to all applicable
requirements of state law.
(2)
An outdoor swimming pool is permitted only in the
side or rear yard area, and must be at least 10 feet from the side
and rear lot lines, except triple frontage lots, in which case swimming
pools are permitted in the side or front yard area, but not in the
front yard area where the front wall of the principal building is
situated, and must be at least 10 feet from the side and front lot
lines.
[Amended 12-7-2015 by Ord. No. 2015-01]
(3)
Every outdoor swimming pool must be completely surrounded
by a fence or wall that has a height of not less than four feet above
the ground or as required by state law. The fence or wall shall be
constructed so as not to have openings, holes or gaps larger than
six inches in any dimension. All gates or doors opening through such
enclosure shall be equipped with a self-closing and self-latching
device for keeping the gate or door securely closed at all times when
not in actual use, except that the door of any dwelling which forms
a part of the enclosure need not be so equipped.
[Amended 12-7-2015 by Ord. No. 2015-01]
(4)
All aboveground pools shall have access by a removable
or retractable locking ladder.
(5)
Aboveground pools shall be considered to have an existing fence or wall, thus satisfying the requirement of Subsection F(3) above.
(6)
Water shall not be discharged from any swimming pool
onto any adjoining property.
B.
Recreational vehicles, trailers and trucks. In the
residential zone, recreational vehicles, trailers and/or trucks with
a vehicle rating over one ton shall not be stored or parked for a
period in excess of three days, November through April, in the area
between the street line and the line formed by the front wall of the
principal building extended the full width of the lot. On-street parking
of the above, for a period in excess of 24 hours, is prohibited in
all zones.
C.
Outdoor stockpiling. In all zones, no outdoor stockpiling
of any material or outdoor storage of trash is permitted in any front
yard area.
In all zones, the retail sale of agricultural
products is permitted on the property where they were produced, provided
that the sale of such products is clearly accessory to the principal
use of that property.
Except as provided in § 198-55, the keeping of livestock shall be permitted as use by right in the Industrial Zone subject to the following requirements:
A.
All areas used for pasturing, grazing or exercise
shall be securely fenced to prevent the escape of livestock. Such
fencing may be located up to, but not on, the property line.
B.
All livestock, except while pasturing, grazing or
exercising, shall be housed in a building erected or maintained for
the purpose.
C.
The building required by Subsection B hereof shall not be erected or maintained within 100 feet of any land zoned or used for residential purposes.
D.
The accumulation and storage of manure or other odor
producing substances shall not be permitted within 100 feet of any
lot line. Such substances shall be stored, and disposed of within
two weeks, so as not to create a health hazard or nuisance.
Garage, yard, attic, barn, patio or similar
types of residential sales shall be permitted in all zones subject
to the following conditions:
A.
The period of the sale shall not exceed four days
during two consecutive weeks.
B.
The time of the sale shall begin not earlier than
9:00 a.m. and shall extend not later than 9:00 p.m., prevailing time,
on each day thereof.
C.
Only goods and property of the applicant shall be
sold and such goods and property shall not have been purchased or
otherwise acquired by the applicant for the purpose of resale.
D.
Goods and property shall be displayed only on the
day of the sale.
E.
No household shall receive a permit for more than
one sale per calendar year.
A.
Front setbacks from major thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare in all zones except the Village Center Zone. Major thoroughfares are the arterial streets and collector streets as specified in the Thoroughfare Plan component of the Jefferson Borough Comprehensive Plan (see "Comprehensive Plan") plus any street constructed to meet the arterial or collector street design standards as set forth in Chapter 158, Subdivision and Land Development.
B.
Front setback of buildings on built-up streets. Where
at least two buildings are fronting on the same side of the street
as the lot in question, within the same block as the lot in question,
set back a lesser distance than required, and not more than 100 feet
from the lot in questions, the average of the lesser setbacks shall
become the required minimum front setback for the lot.
C.
Setback on corner lots, double frontage, reverse frontage
and triple frontage lots. In the case of corner, double frontage and
reverse frontage lots, two front setbacks and two side setbacks shall
be provided. In the case of a triple frontage lot, a front setback
shall be provided from each street and the remaining setback shall
be a side setback.
D.
Accessory or appurtenant structures and architectural
features. The setback regulations do not apply to the following, provided
that they are not located within the clear sight triangle:
(1)
Student shelters at school bus stops; telephone booths;
minor utility structures.
(2)
Cornices, eaves, chimneys, steps, canopies and similar
extensions, including unenclosed and uncovered porches, decks and
patios.
(3)
Open fire escapes.
(4)
Articles or ornamentation or decoration.
(5)
Retaining walls.
E.
Sight distance:
(1)
Proper sight lines must be maintained at all street
intersections. Measured along the center line of the street, there
must be a clear sight triangle (See Appendix 3[1]) with sides as follows:
|
Street
|
Clear Sight Triangle Side
(feet)
| |
|---|---|---|
|
Arterials
|
150
| |
|
Collector streets
|
100
| |
|
Local and cul-de-sac streets; alleys
|
75
|
[1]
Editor's Note: Appendix 3 is on file in the
Borough office.
The height regulations do not apply to the following
projections, provided that the height of any such projection above
its base shall not be greater than the shortest distance measured
along a horizontal plane from such base to any lot line:
A.
Structures such as chimneys, standpipes, flagpoles,
television antennas (excluding residential satellite dish antennas)
or radio towers.
B.
Structures on buildings such as clock towers, cupolas,
water tanks, and other mechanical appurtenances, if such structures,
at any level, do not cover more than 25% of the roof on which they
are located.
C.
Parapet walls or cornices used solely for ornamental
purposes if not in excess of five feet in height above the roof line.
All dwelling units must conform to the minimum
habitable floor area as follows:
A.
General regulations for all signs.
(1)
Determination of size. The size of the sign shall
refer to the area of the sign facing, including any border framing
or decorative attachments. In the case of open signs made up of letters,
figures and designs the space between such letters, figures and designs
shall be included. Where a sign has two or more faces, the area of
all faces shall be included in determining the area of the sign, except
that where two such faces are placed back to back and at no point
more than three feet from one another, the area of the sign shall
be taken as the area of one face if the two faces are of equal area,
or as the area of the larger face if the two faces are of unequal
size.
(2)
Location/projection of signs:
(a)
Signs must be located so that they do not interfere
with any clear sight triangle as defined by this chapter.
(b)
For all uses, an advertising sign and a business
sign must be at least 60 feet apart, and no sign exceeding 30 square
feet in area may be located within 75 feet of a residential zone.
(c)
No sign may project over a public sidewalk area
or over a public highway or street unless specifically authorized
by other Borough or state regulations.
(d)
Sidewalk signs shall be placed in such a manner
so as not to extend more than three feet from the building line. In
any event, a minimum four-foot pedestrian area must be maintained
from the curb to the sign so as not to obstruct pedestrian traffic.
(3)
Illumination of signs:
(a)
Flashing, rotating and intermittent lights are
not permitted.
(b)
Signs permitted in the residential zones shall
be illuminated only by indirect lighting and shall not be illuminated
between the hours of 11:00 p.m. and 6:00 a.m.
(c)
A sign may be illuminated only if the lighting
is so screened that it is not directed or reflected toward any residence
within 100 feet or so it does not obstruct the vision of motorists.
(d)
Signs which are illuminated in the colors red,
green, or amber, either by colored bulbs or tubing, or in high reflection
by the use of special preparations such as fluorescent paint or glass,
may not be located within a radius of 200 feet of a highway traffic
light or similar safety device or from the center of any street intersection.
(4)
Advertising painted upon, or displayed upon, a barn
or other building or structure shall be regarded as an advertising
sign board and the regulations pertaining thereto shall apply.
(5)
Nothing in these regulations shall be construed as
prohibiting signs intended for viewing principally from within a building
or signs temporarily attached to the inside face of a display window,
announcing a sale or similar feature, provided that the latter shall
not occupy more than 33 1/3% of the total display window area for
a period not to exceed 10 days. Such signs shall be permitted in addition
to any of the specific sign types designated on the charts to follow.
(6)
Construction and maintenance. Signs must be constructed
of durable materials, maintained in good condition, and not allowed
to become dilapidated.
(7)
Termination of enterprise. Upon termination or abandonment
of a commercial or industrial use, all signs pertaining to the enterprise
must be removed.
B.
Permitted permanent signs. Only the types of permanent signs listed in the Table of Permitted Permanent Signs, which follows, shall be permitted throughout the Borough. Permanent signs must conform to the standards set forth in the Table of Permitted Permanent Signs, as well as satisfy the general regulations of Subsection A of this section. Building permits shall be required for all permanent signs.[1]
[1]
Editor's Note: The Table of Permitted Permanent
Signs is located at the end of this chapter.
C.
Permitted temporary signs. Only the types of temporary signs listed in the Table of Permitted Temporary Signs, which follows, are permitted throughout the Borough. Temporary signs must conform to the standards set forth in the Table of Permitted Temporary Signs, as well as satisfy the general regulations of Subsection A of this section.[2]
[2]
Editor's Note: The Table of Permitted Temporary Signs is located at the end of this chapter.
D.
Advertising signs. Advertising signs shall be permitted in the Industrial Zone subject to the provisions of Subsection A of this section and the following criteria:
(1)
Only one advertising sign per lot shall be permitted.
(2)
No advertising sign shall exceed an overall size of
50 square feet, nor exceed 35 feet in height.
(3)
No advertising sign shall be located within 300 feet
of another advertising sign.
(4)
All advertising signs shall be a minimum of 25 feet
from all side and rear property lines.
(5)
All advertising signs shall be set back a minimum
of 25 feet from any street right-of-way line.
(6)
No advertising sign shall obstruct the vision of motorists
or adjoining commercial or industrial uses which depend upon visibility
for identification.
A.
Size of parking space. Each parking space must have
an area of not less than 200 square feet, exclusive of passageways
and driveways appurtenant to the space and giving access to it, and
be a minimum of 10 feet wide by 20 feet deep. Where five or more parking
spaces are required, the total parking area, including passageways
and driveways, must average 300 square feet per required parking space.
B.
Spaces required. Off-street parking spaces must be
provided for each building erected, altered, enlarged or converted,
or for each principal use, whichever will result in the greater number
of spaces, in accordance with the provisions listed on the Table of
Off-Street Parking Spaces, which follows.[1]
[1]
Editor's Note: The Table of Off-Street Parking
Spaces is located at the end of this chapter.
C.
Parking facilities for the physically handicapped.
Parking facilities shall be provided as follows:
(1)
A minimum of one handicapped parking space shall be
reserved for each 25 off-street parking spaces or fraction thereof
in a parking area/lot having 100 or less spaces. For an off-street
parking area/lot having more than 100 spaces, four handicapped spaces
shall be reserved for the first 100 spaces plus one space shall be
reserved for each additional 50 parking spaces or fraction thereof.
(2)
Parking spaces for the physically handicapped shall
be located as close as possible to ramps, walkways, entrances and
elevators. Where feasible, such spaces shall be located so that the
physically handicapped are not forced to wheel or walk across main
traffic lanes or behind parked cars to reach the facilities.
(3)
Each space for the physically handicapped shall be
a minimum of 20 feet in length by 12 feet in width and shall be identified
by a sign stating that the space is reserved by law for the physically
handicapped.
D.
Location. Except as restricted elsewhere in this chapter,
ground level parking areas are not permitted in the front yard of
any property except in the Industrial Zone or as an accessory use
to a principal, nonresidential use, provided that it is at least 10
feet from any property line. The parking area must be on the same
or nearby premises. If on nearby premises:
(1)
The nearest point of the parking lot shall be no further
than the following distances to the nearest point of the property
served: 100 feet in the case of a commercial use, 200 feet in the
case of a residential use, and 300 feet in the case of an industrial
use.
(2)
The parking area must remain under control of the
owner or operator of the use to which the parking area is appurtenant.
F.
Separation from streets and sidewalks. For multifamily
and nonresidential uses, where a parking area or other area open to
movement of vehicles abuts the right-of-way of a public street, sidewalk
or walkway, a pipe railing, post and chain barricade, raised curbs
or equally effective devices satisfactory to the Borough Engineer
must line the public right-of-way, sidewalk or walkway, except at
access points, so that parked vehicles will not extend into the street
right-of-way, sidewalk or walkway.
G.
Paving.
(1)
All required parking areas and all driveways and access
drives shall be surfaced with a bituminous or concrete paving material
in order to minimize maintenance and dust problems.
H.
Drainage. All parking lots shall be drained so as to prevent damage to other properties or public streets. All parking lots shall be designed to prevent the collection of standing water on any portion of the parking lot surface. A parking lot for more than five vehicles shall require a land development plan be submitted to the Borough as required in Chapter 158, Subdivision and Land Development.
I.
Lighting. Adequate lighting shall be provided if the
parking lot is to be used at night. Such lighting shall be arranged
so as not to reflect or glare on adjoining properties or streets.
A.
Size; surfacing. The loading space must be not less
than 12 feet in width, 40 feet in length, and 14 feet in height. It
must be surfaced with a bituminous or concrete paving material.
B.
Spaces required. Off-street loading spaces must be
provided for each building erected or enlarged in accordance with
the following schedule:
|
Type of Use
|
Number of Loading Spaces
| |
|---|---|---|
|
Manufacturing, storage, display or sale of goods,
hospitals and sanitaria
|
One space for a gross floor area of 5,000 to
25,000 square feet and one additional space for each 10,000 square
feet of gross floor area in excess of 25,000 square feet.
| |
|
Offices, hotels, theaters or similar uses
|
One space for a gross floor area of from 20,000
to 100,000 square feet and one additional space for each 40,000 square
feet of gross floor area in excess of 100,000 square feet.
|
C.
Layout. The loading area must be arranged so that
there will be no need for motorists to back over public rights-of-way
and must not be located in the front yard area. Off-street loading
spaces shall not interfere with off-street parking spaces or the Borough
streets.
A.
Width. Within 10 feet of the street right-of-way,
driveways may not exceed 20 feet in width or be less than 10 feet
in width. The width of access drives shall be at the discretion of
the Borough Engineer.
B.
Number. The number of driveways/access drives may
not exceed two per lot on any one street frontage, however on a lot
of less than 200 feet of frontage, the number of driveways/access
drives may not exceed one per lot. The Zoning Hearing Board may grant
permission by special exception for additional driveways/access drives
where required to meet exceptional circumstances and where frontage
of unusual length exists.
D.
Angle of intersection. The minimum angle between the
center line of the driveway/access drive and the street shall be not
less than 65°.
E.
Sight distances. A driveway/access drive must be located
in safe relationship to sight distance and barriers to vision. A clear
sight triangle of 75 feet as measured along the street center line
and 10 feet along the driveway/access drive center line commencing
at the street right-of-way line must be maintained for all driveways
and access drives (See Appendix 3[1]). Permanent obstructions or plantings shall not exceed
a height of three feet in the clear sight area.
[1]
Editor's Note: Appendix 3 is on file in the
Borough office.
F.
Slope, cuts. A driveway/access drive may not exceed
a slope of 5% within 25 feet of the street right-of-way line. Where
a driveway/access drive enters a bank through a cut, unless a retaining
wall is used, the shoulders of the cut may not exceed 4:1 (horizontal:vertical)
in slope within 25 feet of the point at which the driveway/access
drive intersects the street right-of-way. The height of the bank must
not exceed three feet within 10 feet of the street right-of-way or
property line.
G.
Paving. A driveway/access drive shall be surfaced
with a bituminous or concrete paving material.
Where an industrial or commercial use is proposed
in the Village Center or Industrial Zone and it abuts a residential
zone or use, except for street or alley frontage:
A.
A fence or screen planting acceptable to the Borough
is required to be erected to screen from view the industrial or commercial
use.
B.
The space along the side lot line in the Village Center
or Industrial Zone abutting a residential zone for 20 feet in depth
may not be used for commercial or industrial operations. This area
must be suitably landscaped and maintained; however, parking is permitted
within the interior 10 feet of the twenty-foot buffer strip.
No principal building or structure shall be
erected, structurally altered or relocated on land which is not adequately
drained at all times in accordance with the following:
A.
Lot drainage. Lots shall be laid out and graded to
provide positive drainage away from new and existing buildings and
on-site sewage disposal facilities and to prevent the collection of
stormwater in pools.
B.
Nearby existing facilities. Where adequate existing
storm sewers are readily accessible, the developer must extend the
existing facilities and connect his stormwater facilities to these
existing storm sewers.
C.
Open drainageways. Open drainageways shall not be
accepted for the conveyance of concentrated stormwater flow, unless
recommended by the Borough Engineer. The Borough Engineer shall review
the design of such open drainageways in relation to the following:
(1)
Safety. Steep banks and deep pools shall be avoided.
(2)
Erosion. Adequate measures shall be taken, such as
seeding, sodding, paving, or other measures as necessary to prevent
the erosion of banks and the scouring of the channel.
(3)
Stagnation. Design of open drainageways shall not
create stagnant pools or swampy areas.
D.
Drainage upon adjacent properties:
(1)
In the design of storm drainage facilities, special
consideration must be given to preventing excess runoff onto adjacent
properties. When a storm drainage outlet will discharge upon another
property, the developer must secure the approval in writing of the
adjoining affected owners. In no case may a change be made in the
existing topography which would:
(2)
All slopes must be protected against erosion.
E.
Drainage onto streets:
(1)
In order to minimize surface water drainage onto streets,
a building or structure on a lot and its driveways must be at a grade
in satisfactory relationship with the established street grade, or
with the existing street grade where none is established. All grading
must be designed to accomplish the following:
(a)
Gutters adjacent to shoulders. When gutters
are provided in cut areas, the water shall not encroach upon the shoulder
during a ten-year frequency storm of five minute duration. Frequent
and/or sustained flooding of the subbase shall be avoided.
(b)
Curbed sections. The maximum encroachment of
water on the roadway pavement shall not exceed half of a through traffic
lane or one inch less than the depth of curb during a ten-year frequency
storm of five minute duration.
(2)
Inlets shall be provided to control the encroachment
of water on the pavement.
F.
Obstruction to drainage prohibited. The damming, filling
or otherwise interfering with the natural flow of a surface watercourse
is not permitted without approval of the Borough Council and the Pennsylvania
Department of Environmental Protection.
Where a use involves exterior lighting, the
lighting must be so located and shielded that no objectionable illumination
or glare is cast upon adjoining properties or so it does not obstruct
the vision of motorists.
Demolition of any structure must be completed
within nine months of the issuance of a permit. Completion consists
of tearing the structure down to grade, filling any resulting cavity
to grade and removing all resulting materials from the lot. A structure
may be partly demolished only if a building remains and the demolition
of the part is completed within nine months of the issuance of a permit.
All evidence of the structure which was demolished must be removed
from the exterior surfaces of the remaining building.
A building, the foundation of which was completed
before an amendment, may be constructed without being bound by the
requirements of the amendment if the construction is completed within
one year after the amendment.
No lot may be formed from part of a lot occupied
by a building unless each newly created lot will meet all the applicable
provisions of this chapter.
On a lot held in single and separate ownership
on February 8, 1978 (the effective date of the Borough's original
Zoning Ordinance), or any amendment thereto creating a lot, which
does not fulfill the regulations for the minimum lot area and/or lot
width for the zone in which it is located, a building may be erected,
altered and used and the lot may be used for a conforming (permitted)
use, provided the setbacks are not less than the minimum specified
in the chapter for the zone in which the lot is located.
A.
From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in Chapter 158, Subdivision and Land Development, and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such applications adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provision of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.
B.
When a preliminary or final subdivision or land development
plan has been approved, or approved subject to conditions acceptable
to the applicant, no subsequent enactment or amendment in this chapter
shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval.
A.
Continuance:
(1)
Except as otherwise provided in this section, the
lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued, although such use of land or building
does not conform to the use regulations specified by this chapter
for the zone in which such land or building is located.
(2)
Except as otherwise provided in this section, any
area or dimensional nonconformities lawfully existing at the date
of the adoption of this chapter may be continued.
B.
Expansion:
(2)
An existing principal building or structure which
does not conform to building setback requirements may be altered or
expanded within the required setback area, provided that such alteration
or expansion:
(a)
Does not exceed the maximum lot coverage permitted
in the zone in which located.
(b)
Does not extend beyond that part of the building
or structure which is in nonconformance with the existing building
setback requirements or within three feet of the property line, whichever
is greater.
(c)
No new dimensional nonconformities shall be
created. For example, the expansion shall not extend into the required
rear setback area if a dimensional nonconformity does not presently
exist there.
(d)
A letter must be obtained from the adjoining
property owner stating that they have no objection to the expansion.
(3)
Any expansion that will reduce the extent of an existing
nonconformity shall not require special exception approval.
C.
Replacement. A nonconformity may be replaced only
in conformance with the provisions of this chapter. This includes,
but is not limited to, the removal of mobile or modular buildings
or structures. If such a nonconforming building or structure is removed,
it cannot be replaced unless it conforms to all requirements of this
chapter.
D.
Restoration. If any nonconformity is destroyed by reason of wind storm, fire, explosion, or other act of God or a public enemy, to an extent of more than 75% of the market value as appraised for tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 198-41 of this chapter. Nothing in this chapter shall prevent any wall, floor or roof which has been declared unsafe from being strengthened or restored to a safe condition.
E.
Abandonment. A nonconforming use shall be presumed
as abandoned when there occurs a cessation of any such use or activity
by an apparent act or failure to act on the part of the tenant or
owner to reinstate such use within a period of one year from the date
of cessation or discontinuance. Such use shall not thereafter be reinstated
and the structure shall not be reoccupied except in conformance with
this chapter.
F.
Reversion. No nonconformity shall, if once changed
to conform to this chapter, be changed back again to a nonconformity.
G.
Zone changes. Whenever the boundaries of a zone shall
be changed so as to transfer an area from one zone to another zone
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses or dimensional nonconformities existing
therein or created thereby.
H.
Identification and registration. Nonconforming uses
and nonconforming structures may be identified and registered by the
Zoning Officer.
