Centre Hall City Zoning Code
PART 8
NONCONFORMING USES, STRUCTURES AND LOTS OF RECORD
§ 27-801 Intent.
[Ord. 8/12/1993, Art. VIII, § 1]
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 Part.
§ 27-802 Nonconforming Lots of Record.
[Ord. 8/12/1993, Art. VIII, § 2]
1.
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 other provisions of this Chapter. 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 the Single Family Residential District (R-2). Variance of yard setback requirements may be obtained only through action of the Zoning Hearing Board.
2.
Lots which fail to meet either minimum width or area requirements may be expanded to include abutting lots under the same ownership by the filing of a new approved plot plan showing the combination of the lots and new lot lines.
§ 27-803 Nonconforming Uses and Structures.
[Ord. 8/12/1993, Art. VIII, § 3]
Where a lawful use of 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 complies with the following criteria and standards:
(1)
To provide for a natural expansion which is not detrimental to public health, safety and general welfare; provided such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use.
(2)
Provided such does not constitute the addition of a new nonconforming use or structure.
(3)
Provided such does not decrease yards when such already fail to meet minimum yard setback areas.
(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, such nonconforming structure and use may be rebuilt and reestablished to the same extent as prior to said destruction; provided, that a special exemption shall be first granted by the Zoning Hearing Board, according to the following criteria:
(1)
That in rebuilding the nonconforming structure the landowner shall meet as many of the requirements of this Chapter as is reasonably possible and consistent with allowing the landowner to reestablish the nonconforming use or structure to the extent as existed before said destruction.
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 structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located, except if the use is a farm use as herein defined.
§ 27-804 Registration of Nonconforming Uses and Structures.
[Ord. 8/12/1993, Art. VIII, § 4]
1.
In order to administer this Chapter, the Zoning Officer shall maintain a register of nonconforming uses, structures and lots.
2.
The purpose of maintaining a register of nonconforming uses, structures or lots is to provide an administrative means for a landowner to establish and preserve evidence of a nonconforming use, structure or lot.
3.
An application for a certificate of nonconformity may be made to the Zoning Officer by a landowner. The application shall be made on forms supplied by the Borough on which the landowner shall: (A) identify the nonconforming use, structure or lot; (B) state all information known to the landowner about the date when the nonconforming structure, use or lot come into existence; (C) state the period of uninterrupted existence or continuation of the nonconformity use, structure or lot; (D) and state the names of all witnesses or list the evidence which may support the claim of existence and continuation of the nonconformity.
4.
The Zoning Officer shall investigate the claim of nonconformity in order to determine whether or not it came into existence prior to the regulations of this or a prior zoning ordinance which made it nonconforming; whether or not the claimed use has been continuous; and to determine the extent of the nonconformity.
5.
If the use, structure or lot is determined by the Zoning Officer to be a valid, preexisting, continuous nonconforming use, structure or lot, the Zoning Officer shall issue a certificate of nonconformity. The said certificate shall identify the nonconformity, state the dates of its inception and continuity and define the extent of the nonconformity in terms relevant to the use, structure or lot. Such certificate shall be valid evidence of the nonconforming use, structure or lot as determined by the Zoning Officer.
6.
If the Zoning Officer denies an application for a certificate of nonconformity, the Zoning Officer shall state the reasons for his denial and the results of his investigation upon which he bases the denial.
7.
The Zoning Officer shall make the determination upon each application for a certificate of nonconformity within 30 days of receiving a complete application for certificate of nonconformity together with the filing fee as established by the Borough for such applications. No application shall be considered complete until the fee for filing has been received.
8.
The Zoning Officer shall maintain a record of all applications filed, determinations made, and certificates issued or denied.
9.
Any person aggrieved by the determination of the Zoning Officer is issuing or denying an application for a certificate of nonconformity may appeal the action within 30 days of its issuance to the Zoning Hearing Board.
§ 27-805 New Construction.
[Ord. 8/12/1993, Art. VIII, § 5]
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.