Bath City Zoning Code
ARTICLE IX
Types and Limitations of Uses
§ 675-46 Classifications of uses.
§ 675-47 Permitted uses.
Permitted uses are uses permitted by right, provided said use is shown as a permitted use in the zoning district schedule for the district in which the use is located or proposed and the use complies with all other provisions of this chapter, including the Zoning District Map which is adopted by this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 675-48 Accessory uses.
Accessory uses are uses permitted by right, provided said use is shown as an accessory use in the zoning district schedule for the district in which the accessory use is located or proposed and the use thereof complies with all other provisions of this chapter, and further provided that all of the following apply:
A.
The proposed accessory use, building or structure is customarily associated with, incidental to and provided with the permitted use existing on the lot.
B.
The extent, size and intensity of such proposed accessory use, building or structure is in keeping with the scale, nature and characteristics of the permitted use on the lot.
C.
The proposed accessory use, building or structure is not contrary to the intent of the zoning district in which the lot is situate, as established by the Official Zoning Map adopted by this chapter.
D.
The accessory use, building or structure shall not be permitted to exist unless the primary use exists on the same lot or an adjacent lot under common ownership.
§ 675-49 Temporary uses.
It is hereby recognized that certain uses and activities which might otherwise be prohibited by this chapter are nevertheless such that their establishment and operation for a limited period of time would serve the public interest. For the purpose of this chapter, such uses are declared to be "temporary uses" which may be permitted in any district upon application to and approval by the Zoning Officer, subject to the following:
A.
The proposed use is of such a nature that at the time of application that it would not exert a detrimental effect upon the use of neighboring properties.
B.
The proposed use will materially contribute to the general welfare, needs and convenience of the Borough of Bath and the general public.
C.
The duration of the proposed use shall be established by specific dates as will, in the judgment of the Zoning Officer, serve the intended purpose of the temporary use. Sales tents or trailers shall be permitted for two weeks.
D.
Security shall be required by the Zoning Officer in an amount necessary to restore the property on which the temporary use was located to its original condition or to a condition that complies with the requirements of the Zoning Ordinance.
§ 675-50 Special exception uses.
It is hereby recognized that certain uses may be necessary to serve the needs and convenience of the Borough but which uses may become inimical to the public health, safety and general welfare by reason of their inherent nature or operation and therefore require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be special exception uses and may be permitted upon application to and approval by the Zoning Hearing Board, provided said use is shown as a special exception use in the zoning district schedule for the district in which the use is located and subject to the considerations as set forth in § 675-26E(3).
§ 675-51 Nonconforming uses, buildings and structures.
A.
Within the districts established by this Zoning Ordinance or by amendments thereto, there exists, may exist or will exist:
(1)
Lots;
(2)
Uses of land and structures;
(3)
Structures; and
(4)
Characteristics of use which were lawful before the Borough's original Zoning Ordinance of 1978 was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. Inasmuch as these nonconformities are, by definition, alien to the character of a district created under this chapter, it is assumed that the ultimate ends of this chapter will be accomplished if these nonconformities are permitted only until such time as they are terminated in time by obsolescence, destruction, abandonment or similar factors and thereby the objectives of these zoning district classifications will be achieved. Because nonconformities, so long as they exist, prevent the full realization of the objectives of this chapter, it is the intent of this chapter to restrict, rather than increase, such nonconformity and to eliminate such uses as speedily as possible.
B.
A use, building or structure which shall be made nonconforming at the time of passage of the original Zoning Ordinance of 1978 or any applicable amendment thereto, may be continued except as otherwise set forth in this article.
C.
The Zoning Officer shall identify and register all nonconforming uses, buildings and structures. The owner of the premises of a nonconforming building or owner of a lawful nonconforming use shall secure within one year of the effective date of this Zoning Ordinance a certificate of nonconformance from the Zoning Officer. Such certificate shall be authorized by the Zoning Hearing Board and shall be for the purpose of ensuring to the owner the right to continue such nonconforming use.
D.
Existing nonconforming uses shall not be enlarged, reconstructed, substituted, moved or structurally altered unless required by law or order or as specified in § 675-51D(1); nor shall they be extended or enlarged after passage of this chapter by attachment to a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved; nonconforming uses are further subject to the following:
(1)
Any nonconforming use may be enlarged or expanded up to but not more than 10% of its floor and/or use area as it existed at the time of passage of the original Zoning Ordinance of 1978, provided that such enlargement shall conform to all other regulations of the district in which it is situate.
(2)
Normal maintenance, repairs and incidental alterations of a building or other structure containing a nonconforming use are permitted, provided they do not extend the area or volume of space occupied by the nonconforming use.
(3)
Residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units within the building.
(4)
A nonconforming use shall not displace, replace or be extended to displace or replace a conforming use.
(5)
A nonconforming use may be changed into a conforming use at any time.
(6)
A nonconforming use may be continued but shall not be changed to another nonconforming use except when all of the following conditions are met to the satisfaction of the Zoning Hearing Board:
(a)
A major portion of the proposed use and the use it is to replace are conducted within a building.
(b)
The building cannot reasonably be modified to contain a conforming use.
(c)
The proposed nonconforming use is less detrimental to its neighborhood, surroundings and the general public welfare than the use it is to replace. The Zoning Hearing Board shall take into consideration all factors which might affect the publics interest, including traffic generated, nuisance characteristics such as emission of noise, odor, dust and smoke, fire hazards, and hours and manner of operation.
(7)
Buildings or structures, regardless of conformity or ownership, shall not be combined for the purpose of extending an existing nonconforming use or for creating a different nonconforming use.
(8)
Nonconforming signs shall not be enlarged or expanded.
E.
In the case of a residential subdivision, where: an applicant seeks to subdivide a property which contains existing residential structures for the purpose of creating two separate parcels; the application does not involve the creation of new structures; and the subdivision line would be a simple division of property along a common wall in an existing twin or create a common boundary, the Zoning Officer is empowered to authorize and approve the zoning aspects of the subdivision regarding lot area and setback lines, notwithstanding the fact that the proposed subdivision may create two lots of substandard lot size or may result in zero setback from the property line. It is the express intent of this chapter that the subdivision of properties upon which twin and semidetached dwellings or multiple dwellings presently exist should be encouraged to enable separate sale and ownership. This section shall be deemed to supersede and constitute an exception to lot area minimum requirements and setback requirements for existing residential structures in all zones, but only to the extent that the subdivision is through the creation of a new property line, and the proposal meets all other requirements for access easements, parking, and utilities. An existing nonconforming building or structure shall not be enlarged, reconstructed, substituted, moved or structurally altered so as to extend or increase the nonconformity.
F.
Repair after damage.
(1)
In the event that 50% or more of the existing floor area, volume or use of land of a nonconforming building, structure or use is voluntarily razed, legally condemned, structurally changed or destroyed by fire, explosion or flood, it may not be restored, reconstructed or used as before except in strict compliance with the zoning regulations of the zoning district in which it is situate.
(2)
In the event that less than 50% of the existing floor area, volume, or use of land of a nonconforming building, structure or use is voluntarily razed, legally condemned, structurally changed or destroyed by fire, explosion, flood or other phenomenon, it may not be restored, reconstructed or used as before unless such restoration, reconstruction or use commences within one year from the date of the damage.
G.
Termination and abandonment of nonconforming uses, buildings or structures shall be subject to the following:
(1)
Any nonconforming use, building or structure that is replaced by a conforming use, building or structure shall be deemed immediately abandoned and cannot thereafter be revived.
(2)
A nonconforming use, building or structure discontinued for a period of 12 consecutive months shall be presumed abandoned and shall not thereafter be revived without proof, satisfactory to the Zoning Hearing Board, that the owner did not intend its abandonment through disuse. In making its determination, the Board shall take into account the owner's compliance (or noncompliance) with the provisions of § 675-51H.
(3)
The following shall be deemed to be evidence of an intent to discontinue and abandon a nonconforming use, building or structure:
(a)
Removal of any and all furniture, equipment and machinery and leaving the property to the elements.
(b)
Use of the property for a conforming use.
(c)
Demolition of the structure.
(d)
Failure to apply for licenses necessary to continue such nonconforming use.
(e)
Failure to appeal the denial of a permit to continue the use.
(4)
A nonconforming use, building or structure shall not be deemed abandoned under the following circumstances:
(a)
War and the consequent restrictions imposed upon the use by a governmental authority, or the entry of the operator of the nonconforming use into the armed services, or the shortage of materials and supplies necessary for the continued operation of the nonconforming use.
(b)
Extended inability of the owner to find a tenant desirous of using the premises despite active attempts to do so, provided that all letters of intent as required by § 675-51H are filed.
(c)
Destruction of the property by natural disaster (other than fire, flood or explosion).
(d)
Financial inability of the owner or operator of the nonconforming use due to a general economic depression.
(e)
Cessation of business during any permitted repair of or to the property authorized by the Zoning Officer.
H.
Any use that has been discontinued for a period of 12 continuous months shall be deemed abandoned, unless the owner or the owner's authorized agent submits to the Zoning Officer, at the end of 12 months and every six months thereafter, a letter of intent which clearly indicates that attempts to secure a buyer or tenant for the use are ongoing.
§ 675-52 Prohibited uses; general.
The following uses are expressly prohibited:
A.
A use not listed in a zoning district schedule shall be prohibited in that zoning district.
B.
A building, lot or any part thereof used for any purpose that is or may become obnoxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise or that is detrimental or injurious to the public health, safety or welfare or used for any purpose that constitutes unusual public hazard due to fire, explosion or any other similar cause.
C.
A lot used for the open dumping or burning of trash, garbage, rubbish or other waste products.
D.
Notwithstanding any other provision of this chapter, no use may be made of any land or water within any zoning district so as to:
(1)
Create electrical interference with navigational signals or radio communication between aircraft and the Lehigh Valley International Airport;
(2)
Make it difficult for pilots to distinguish between airport lights and others;
(3)
Result in glare to pilots using the airport;
(4)
In any way endanger or interfere with the landing, taking off or maneuvering of aircraft.
§ 675-53 Similar uses.
The Zoning Hearing Board may, by special exception, determine that a proposed use is sufficiently similar in character and impact to that of a listed use and that the proposed use may be treated the same as the listed use.
§ 675-54 Conditional uses.
B.
Certain uses may be necessary to serve the needs and convenience of the Borough. These uses will be permitted by condition within the residential districts so long as they are innocuous to the district's intent and remain so throughout the time of their existence. Application for these uses are subject to review by the Bath Borough Council according to the provisions of Article XIII of this chapter. These uses shall be permitted after the Bath Borough Council has determined that the relevant standards and criteria contained in Article XII of this chapter are met. The Bath Borough Council may attach any reasonable conditions and safeguards in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this Zoning Ordinance, and to ensure that these uses remain innocuous in nature and operation throughout their existence to protect the public health, safety, morals and the general welfare. Said uses shall be shown as conditional uses in the zoning districts schedule for the district in which the use is located and subject to the conditions and standards as set forth herein.
C.
Where the Borough Council fails to render its decision within 45 days of the last hearing before Borough Council, or fails to commence conduct or complete the required hearing, as provided in Section 908(1.2) of the Pennsylvania Municipalities Planning Code,[2] the decision shall be deemed to have been rendered in the favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter. If Borough Council shall fail to provide such notice, the applicant may do so.
[Amended 2-3-2003 by Ord. No. 556]
[2]
Editor's Note: See 53 P.S. § 10908(1.2).
§ 675-55 Uses not otherwise listed.
Any use not expressly provided for in this chapter shall be presumed to be a permitted use in the M-C zone unless expressly prohibited.