Abbottstown City Zoning Code
ARTICLE XIII
Nonconforming Buildings and Uses
§ 204-54 General.
All lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which it is located, provided such nonconforming uses shall comply with the provisions of this article.
§ 204-55 Alterations and reconstruction.
A.
Repairs and structural alterations not constituting extensions, expansions or enlargements may be made to a nonconforming building or to a building occupied by a nonconforming use.
B.
A nonconforming building or a building occupied by a nonconforming use, which is damaged by fire, explosion, flood, tornado, or other natural phenomena beyond the control of the property owner, may be reconstructed and used for the same purposes in accordance with the following.
(1)
The reconstruction of the nonconforming building or the building occupied by a nonconforming use shall be commenced within one year from the date of the destruction of the building. The reconstruction of the building shall be completed within two years from the commencement of reconstruction unless an extension of time is authorized by the Zoning Officer following receipt from the property owner demonstrating just cause for such extension.
(2)
The reconstructed building shall not exceed the height, area, and volume of the destroyed building.
§ 204-56 Extensions, expansions, enlargements and/or continuations.
A.
The Zoning Hearing Board may authorize, as a special exception, the following types of extensions, expansions, and enlargements of nonconforming uses existing on the effective date of this chapter.
(1)
The extension or expansion of a nonconforming use of land upon a lot occupied by said nonconforming use.
(2)
The extension, expansion, or enlargement of a building occupied by a nonconforming use.
(3)
The expansion or extension of the hours and/or days of operation of a nonconforming use.
(4)
A nonconforming use may be continued by a parallel, similar, or less intensive nonconforming use.
B.
The extensions, expansions, and enlargements of nonconforming uses authorized in § 204-56 shall be subject to the following conditions.
(1)
The extension, expansion, or enlargement shall conform to the height, area, yard, and coverage requirements of the zoning district in which the nonconforming use would be permitted as a matter or right. Where such use is permitted in more than one zoning district, the standards of the zoning district that affords the applicant the most design flexibility shall be applied.
(2)
The extension, expansion, or enlargement of the nonconforming use shall not replace a conforming use.
(3)
The extension, expansion, or enlargement of the non-conforming use shall not exceed an increase of 50% of the original area of the nonconforming use. Where the nonconforming use is fully conducted within a building, this standard shall apply to the total area of the building footprint. Where the nonconforming use is not fully conducted within a building, this standard shall apply to the total land area of the lot dedicated to the nonconforming use. The original area of the nonconforming use is the original building footprint or land area devoted to the nonconforming use on the date such nonconforming use became nonconforming.
(4)
The extension, expansion, or enlargement of the nonconforming use shall be subject to the off-street parking and loading requirements of Article XII. Where the lot includes sufficient existing off-street parking and loading spaces to meet the minimum parking space and loading space requirements of Article XII, no upgrades to the parking lot or loading area shall be required. However, if the extension, expansion, or enlargement of the nonconforming use requires the owner of the nonconforming use to provide additional off-street parking and/or loading spaces, the entire parking lot and/or loading area shall be upgraded to meet current design requirements for said features.
(5)
The extension, expansion, or enlargement of the nonconforming use shall not be permitted to extend onto a parcel of land adjacent to the parcel occupied by the nonconforming use on the effective date of this chapter.
(6)
The extension, expansion, or enlargement of the nonconforming use shall be subject to reasonable conditions of the Zoning Hearing Board.
§ 204-57 Change of use.
A.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
B.
A nonconforming use of land or a nonconforming use of a building or structure shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
§ 204-58 Nonconforming lots.
A.
Any lot held in single and separate ownership at the effective date of this chapter which does not conform to one or more of the applicable area regulations in the district in which it is located shall be considered nonconforming. A building may be erected upon any vacant nonconforming lot provided that the applicant does not own or control other adjoining property sufficient to comply with the provisions of this chapter. All such development shall comply with the following provisions:
§ 204-59 Nonconforming signs.
A.
Any sign lawfully existing at the time of the passage of this chapter that does not conform with the regulations of the district in which such sign is located shall be considered nonconforming and may continue in their present location until any of the following conditions exist. The presence of any of the following conditions shall render the nonconforming status of a sign void and any new or replacement signage shall conform to the requirements of Article XI.
(2)
When 75% or greater of the sign area is changed in any way, including, but not limited to, relocation, wording, logo, design, lighting and/or material composition. Nonconforming signs approved by variance will also be subject to this section.
(3)
Relocation of the sign from it exact position prior to the adoption of this chapter.
§ 204-60 Abandonment and discontinuance.
If a nonconforming use of a building or land is abandoned, ceases to operate, or is discontinued for a period of one year or more, the nonconforming status of said nonconforming use shall be lost, and subsequent use of the property shall conform with all provisions of this chapter.