Bloomsburg City Zoning Code
PART 8
NONCONFORMITIES
§ 27-801 General.
[Ord. No. 1055, 6/3/2024]
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, providing such nonconforming uses shall comply with the provisions of this Part.
§ 27-802 Continuation.
[Ord. No. 1055, 6/3/2024]
1.
The property owner shall secure a certificate of nonconformance under § 27-808, for the purpose of ensuring to the owner the right to continue such nonconforming building or use.
2.
Continuation of a lawful nonconforming use shall comply with the ordinances and/or codes adopted and enforced by the Town (see also Chapter 5, Code Enforcement). Town Fire Code Officials, including the Building Code Official, the Fire Marshal and their assistants, shall determine if such a use or building poses a significant public safety hazard. Nonconforming uses or buildings that present such a public safety hazard shall not be granted lawful continuation.
§ 27-803 Existing Nonconforming Lots of Record.
[Ord. No. 1055, 6/3/2024]
In any district in which single-family detached dwellings are permitted and notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customarily accessory buildings may be erected on any single lot of record which was present at the effective date of adoption. This provision shall not apply if such a lot has continuous road frontage with other lots of the same ownership, in which case a consolidation is feasible to remedy the dimensional nonconformity. This provision shall apply even if the lot fails to meet the requirements for lot area or lot width or both, for the district in which the lot is presently located, provided that the yard dimensions, coverage and other requirements of this Chapter not involving lot area or lot width shall conform to the regulations for the district in which it is located.
§ 27-804 Alterations and Reconstruction.
[Ord. No. 1055, 6/3/2024]
1.
Repairs and structural alterations not constituting extensions, expansions or enlargements greater than 25% may be made to a nonconforming building or to a building occupied by a nonconforming use.
2.
A nonconforming building damaged by fire or natural disaster may be rebuilt and used for the same purposes, provided that:
A.
The reconstruction of the building is commenced within one year from the date of the destroying of the building and is carried to completion without undue delay.
B.
The reconstructed building does not exceed in height, building area, and volume of the building destroyed.
C.
The building or land use that existed prior to damage may be continued to the same degree upon reconstruction of the building.
3.
When a total reconstruction of a structure is deemed necessary or in the best interest of public health, safety and welfare, the new structure shall meet all requirements of the district for which it is located.
A.
The setbacks for the new structure shall be permitted to remain consistent with the existing nonconforming structure if the existing setbacks match the character of the surrounding community and streetscape.
§ 27-805 Extensions, Expansions and Enlargements.
[Ord. No. 1055, 6/3/2024]
1.
Land, building or structures occupied or used for residential or nonresidential purposes which are nonconforming and otherwise not permitted in the zoning district in which they are located shall be allowed to expand, extend or enlarge. A nonconforming use or structure may be extended or enlarged when authorized as a special exception subject to the following conditions and safeguards as may be imposed by the Zoning Hearing Board in accord with the provisions of this Chapter.
A.
Any extension, expansion or enlargement of a nonconforming building or use shall be permitted only once.
B.
Any extension, expansion or enlargement shall conform to the building height, lot area, yard and coverage regulations of the district in which it is located.
C.
In cases in which a building is nonconforming with applicable minimum yard setback requirements, the portion of the structure located within the required yard setback may be expanded or enlarged by not greater than 25% of its gross floor area. The expansion or enlargement shall not result in the building extending further into the yard setback than what exists currently. Request for additional expansions beyond 25% shall be subject to special exception approval in accordance with § 27-905.
D.
In cases in which lot coverage is nonconforming with applicable maximum lot coverage requirements, the number of square feet exceeding the maximum lot coverage may be expanded or enlarged by no greater than 25%. The adequacy of stormwater management to accommodate the increased lot coverage shall be evaluated and deemed acceptable by the Town Engineer.
E.
When an existing nonconforming use of a building, structure or land is expanded, off-street parking and/or loading facilities shall be provided in accordance with the applicable provisions of this Chapter for the net increase of expansion based upon land area and/or gross floor area of the subject use. Any existing use, prior to its expansion, which does not conform to the required number of off-street spaces that would otherwise be required shall not be required to provide said spaces as a condition for zoning approval. Any extension, expansion or enlargement of a nonconforming building or use shall not be permitted to extend into vacant lot or lots adjacent to the parcel containing the nonconforming building or use.
§ 27-806 Change of Use.
[Ord. No. 1055, 6/3/2024]
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. A nonconforming use may be changed to another nonconforming use of equal or less intensity as adjudged by the Zoning Officer. Whenever a nonconforming use has been changed to a less intense or to a conforming use, such use shall not hereafter be changed to a more intense use.
§ 27-807 Abandonment and Discontinuation.
[Ord. No. 1055, 6/3/2024]
1.
The removal of a nonconforming mobile home from the site it occupied shall constitute abandonment of the site so occupied and subsequent use of said site shall conform with the provisions of this Chapter.
2.
The removal of a second residential building from a residential lot already occupied by a residential building shall constitute abandonment of the nonconforming use and such use shall not thereafter be permitted, except as otherwise permitted within this Chapter.
3.
Mobilehome parks, trailer camps or trailer parks which are nonconforming under the terms of this Chapter shall be operated in accordance with Public Health Regulations, Commonwealth of Pennsylvania, Department of Environmental Protection, under the provisions of the Act 175 of April 9, 1929, P.L. 177, as amended, the Administrative Code of 1929, 71 P.S. § 51 et seq., and all other applicable laws.
§ 27-808 Registration and Certificate of Nonconformity.
[Ord. No. 1055, 6/3/2024]
1.
It shall be the responsibility of a property owner asserting a nonconformity to provide the evidence that it is lawful, including documentation of the property's historically established use. The property owner may request certificate of nonconformance from the Zoning Officer after providing sufficient evidence. The Zoning Officer shall maintain records of nonconforming uses or structures which shall contain the names and addresses of all persons having an ownership or possessory interest in the property, a description of the property, its location, its zoning classification, a detailed description of each nonconforming use and structure, the manner in which it is nonconforming, the date and a detailed description of each alteration, restoration, reconstruction, change, extension, and enlargement, the date of any abandonment or discontinuance, the date of issuance of each certificate of nonconformance, and any other pertinent information.