Carlisle City Zoning Code
ARTICLE XXVII
Nonconformities
§ 255-233 Intent.
A.
The zoning districts established by this chapter are designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and industrial areas with appropriate groupings of compatible related uses to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and uses which do not conform to the character and regulations of the zoning district in which they are located should be treated in such a way as to provide a gradual remedy for the undesirable conditions resulting from indiscriminating mixing of uses and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Borough.
C.
Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages or building height are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.
E.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or intended use of any building on which actual construction was begun prior to the effective date, or amendment, of this chapter and on which actual building construction has been diligently carried on.
§ 255-234 Nonconforming uses.
A.
Continuation. Lawful uses located either within a building or other structure, or part thereof, or on the land, or in combination of both, which at the effective date of this chapter, or subsequent amendment thereto, become nonconforming may be continued so long as they remain otherwise lawful and regardless of subsequent sales of the property.
B.
Expansion.
(1)
A nonconforming use shall not be increased in total building coverage, total land area in use or total floor area by greater than 25% beyond the respective total building coverage, total land area in use or total floor area that existed in such use prior to the use becoming nonconforming. This maximum increase shall be measured in aggregate over the entire life of the nonconformity. Subsection C may also apply.
(2)
Any alteration, reconstruction, extension or enlargement shall only be upon the same lot as in existence at the date the use became nonconforming.
(3)
Any expansion of a nonconforming use shall only occur as a special exception, if approved by the Zoning Hearing Board.
(4)
If a nonconforming use is expanded, the total use shall meet all dimensional requirements except for those existing features that were lawfully nonconforming.
C.
Alteration or enlargement of nonconforming buildings, structures or land.
(1)
Nonconforming buildings, structures or land shall not be added to or enlarged upon in any manner if said additions and enlargements would increase the nonconformance or the nonconforming part of a structure.
(2)
If a building or structure is conforming as to use but nonconforming as to area and bulk regulations or off-street parking requirements, said building or structure may be enlarged or added to, provided that the enlargement or addition complies with the area and bulk regulations and the existing building plus its addition complies with the off-street parking regulations of the district in which said building or structure is located.
(3)
No nonconforming building or structure shall be moved in whole or in part to another location on the same or another lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is relocated.
D.
Discontinuance. If a nonconforming use of land or structure ceases operation for a continuous period of more than six months, then this shall be deemed to be an abandonment of such use, which presumption shall be rebuttable, and any subsequent use of the land or structure shall conform to the regulations of this chapter.
E.
Change in use.
(2)
If a nonconforming use, or a portion thereof, is changed to a conforming use, any future use of such building, structure or portion shall be in conformity with the regulations of this chapter.
(3)
Wherever a zoning district shall be hereafter changed, any existing nonconforming use in such changed district may be continued as a nonconforming use.
(4)
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
(a)
The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(b)
The applicant shall show that the proposed change will be significantly less objectionable in external effects than the existing nonconforming use with regard to:
[1]
Traffic generation and congestion, especially truck traffic.
[2]
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
[3]
Outdoor storage and waste disposal.
[4]
Compatibility with the character of the surrounding area.
[5]
Operation during late night and early morning hours, if within proximity of a residential district.
F.
Damage or destruction.
(1)
In the event that a nonconforming use or structure in any zoning district is destroyed or partially destroyed by fire, explosion or other cause, or otherwise damaged beyond the owner's control to any extent, the right of such nonconforming structure or use to exist may continue, provided that the reconstruction or repair of any building be commenced within six months from the date of the destruction or partial destruction of the building and carried to completion without undue delay.
(2)
The reconstruction or repair of the building may not exceed in height, area and volume the building destroyed or partially destroyed or occupy the lot in any other configuration not conforming to the ordinance in the zoning district in which the building is situated when reconstructed.
(3)
In any case, whether conforming or nonconforming, the remains of any building so destroyed or partially destroyed shall not be permitted to become a nuisance and shall be removed immediately, upon written request by the Zoning Officer, after six months have passed where the owner of such nonconforming use or structure has not applied for a permit to reconstruct the damaged building.
§ 255-235 Nonconforming lots.
A.
Nonconforming lot of record regulations.
(1)
In any district in which single-family houses are permitted, notwithstanding the minimum lot area and minimum lot width limitations imposed by other provisions of this chapter, a single-family house and customary accessory buildings may be erected on a single lot of record lawfully in existence at the effective date of adoption or amendment of this chapter, provided that all required yards and setbacks are complied with and the minimum lot area and minimum lot width are each a minimum of 70% of what would otherwise be required.
(2)
In any district in which single-family detached houses are not permitted, notwithstanding the minimum lot area and minimum lot width requirements of this chapter, only one principal use, which shall be a permitted by right use in that district, and its customary accessory uses may be erected on a single lot of record lawfully in existence at the effective date of adoption or amendment of this chapter, provided that all required yards and setbacks are complied with and the minimum lot area and minimum lot width are each a minimum of 70% of what would otherwise be required.
§ 255-236 Nonconforming signs.
Signs in existence at the effective date of this chapter, or amendments thereto, shall be subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial advertising structure or statuary shall be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use may be continued, but the area of such sign or signs shall not be increased and such sign or signs shall not be structurally altered, except where safety requires it.
C.
Damage or destruction. In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost of replacement at the time of destruction, such sign shall not be restored or replaced.
D.
Signs on discontinued uses. Whenever any use of a building or structure or land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within 30 days.
E.
Discontinuance of signs. All presently existing signs which conformed to the Zoning Ordinance prior to the effective date of this chapter but which fail to conform to the provisions of this chapter shall be deemed nonconforming and shall be removed at the owner's expense within five years of such effective date, except freestanding signs which are nonconforming only because of height.
F.
Any property owner for each piece of property has the option to continue to use one presently existing sign per lot that is not conforming to the present ordinance, provided that the one nonconforming sign was registered by its owner by October 31, 1983, with the Code Enforcement Office of the Borough of Carlisle, Pennsylvania, on forms prepared by that office. The property owner may repair and maintain this one nonconforming sign but not change its physical size or any written message or logo thereon. This one nonconforming sign is permitted to exist only so long as it is related to the specific use of the property on which it is located.
§ 255-237 Burden of proof as to nonconformities.
The burden of proof as to qualification as a nonconforming use or other preexisting nonconformity shall be on the party asserting the nonconformity.
§ 255-238 District changes.
Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the provisions of this article shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
§ 255-239 Nonconforming use of open land.
All nonconforming junk storage areas, outside storage areas and similar nonconforming uses of open land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement cost, shall not be continued, repaired or reconstructed.