Bellefonte City Zoning Code
ARTICLE II
Nonconforming Lots, Structures and Uses
§ 575-7 Intent.
It is the intent of this chapter to recognize the right of nonconformities to continue, but to encourage that such lots, uses and structures be brought into conformity with this chapter as soon as constitutionally permissible. To achieve this end, nonconformities are subject to the regulations set forth in this article.
§ 575-8 Nonconforming lots of record.
A.
In any district in which dwellings are permitted as primary uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by this chapter. Such nonconforming lot must be in separate ownership and not abut other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are applicable in the district, provided that all other yard dimensions and requirements of the lot shall conform to the regulations for single-family detached dwellings in a single-family residential district. Variance of yard setback requirements may be obtained only through action of the Zoning Hearing Board.
B.
If two or more abutting lots or combinations of abutting lots and portions of lots under the same ownership are of record at the time of passage or amendment of this chapter and if all or part of the lots do not meet the requirements established for lot width or area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
C.
Lots which fail to meet minimum width or area requirements may be expanded to include abutting lots under the same ownership.
§ 575-9 Nonconforming uses and structures.
Where a lawful use or structure exists which, on the effective date of this chapter or subsequent amendment thereto, becomes nonconforming, such use or structure may be continued as long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions:
A.
The existing nonconforming use shall not be changed to a different nonconforming use.
B.
No such nonconforming use or structure shall be altered or extended except if such use complies with the following criteria and standards:
(1)
To provide for a natural expansion that is not detrimental to public health, safety and general welfare, provided that such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use;
(2)
Provided that such does not constitute the addition of a new nonconforming use or structure;
(3)
Provided that such does not decrease yards when such already fail to meet minimum yard setback areas; and
(4)
Provided that the alteration or extension meets the district regulations for such use or structure as if same were being altered or extended in the district where such use is permitted. In cases where the use is permitted in two or more districts, the most restrictive district regulations shall apply.
C.
In the event that any nonconforming structure is destroyed or partially destroyed by any means to an extent of 75% or more of the market valuation of all structures and other improvements on the lot, as determined from the Centre County Tax Assessment Office effective at the date of the destruction, such nonconforming structure and use thereof may be repaired or reconstructed and used as before the time of damage, provided such repairs or reconstruction are completed within two years of the date of such damage. Should the nonconforming use or structure be redesigned to encompass a different or larger building footprint, the construction drawings for the new construction shall be submitted to the Borough Planning Commission for review and recommendation to Borough Council.
D.
When a nonconforming use or structure is discontinued or abandoned for a period of one year or more continuously or replaced by a conforming use or structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.
§ 575-10 Registration of nonconforming uses and structures.
In order to administer this article, the Zoning Officer shall identify and register nonconforming uses and structures.
§ 575-11 New construction.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.