Chambersburg City Zoning Code
ARTICLE XVI
Nonconforming Structures, Uses or Lots
§ 300-91 Continuation.
Any lawful use of a structure or tract of land existing on January 23, 1956 (the effective date of the first Borough of Chambersburg Zoning Ordinance) may be continued and maintained although such structure, lot or use does not conform to the provisions of this chapter. In addition, any lawful use of a structure or land existing on the effective date of any amendment to this chapter may be continued and maintained although, as a result of said amendment, such use, structure or tract of land does not conform to the provisions of this chapter. Any building, alteration or extension for which a use permit or construction permit was issued prior to the use, structure or tract of ground becoming nonconforming by virtue of an ordinance amendment may be completed, even though such structure, alteration or extension does not or will not conform to the requirements of this chapter as amended; provided, however, this permission shall be void if said structure, alteration or extension is not commenced within 180 days and completed within two years from the date of issuance of said use or construction permit.
§ 300-91.1 Development of nonconforming lot.
A nonconforming lot can be developed, provided it meets as many of the zoning regulations applicable to the district in which it is located as is reasonably possible, including any off-street parking requirements. An application for any such development must proceed as a special exception hearing before the Zoning Hearing Board, which may approve single-family detached and semidetached dwellings to be constructed on otherwise nonconforming lots. In no event shall any yard be reduced to less than five feet in width, nor may the height limits applicable to the zoning district be exceeded.
§ 300-92 Expansion limitation for nonconforming use or structure.
The following provisions shall apply to any proposed expansion of all nonconforming uses, structures and lots existing on January 23, 1956, and to all nonconforming uses, structures and lots which became such by reason of any amendment to this chapter and to any uses, structures or lots which become nonconforming by reason of any future amendment to this chapter. The procedure and standards will be as follows:
A.
Procedure. Any nonconforming use or structure, or combination thereof, may be expanded only upon approval of the Zoning Hearing Board after a special exception hearing as defined elsewhere in this chapter. While a nonconforming use of a lot may be expanded subject to the criteria set forth in this section, it is not contemplated that a nonconforming lot can be expanded for the purpose of accommodating the expansion of a nonconforming use. This notwithstanding, in the event the only nonconformity is of the lot itself, increasing the size of the lot to eliminate or reduce the degree of nonconformity is acceptable and encouraged. Notice as provided in § 300-108 of this chapter of the Code shall be provided.
B.
Standards. In addition to the special exception criteria set forth in § 300-134 of this chapter, each application for expansion of a nonconforming use or structure, or combination thereof, shall be subject to the following standards:
(1)
It shall be the responsibility of the applicant to sufficiently document to the Zoning Hearing Board that the proposed expansion will not be contrary to the purposes of this chapter and the public health, safety, and welfare of municipal residents, in general, and of the residents of the immediate area, in particular.
(2)
Such expansion must meet the height, lot coverage and lot yard regulations for the district where it is located, as well as off-street parking requirements for the use, and also meet the requirement of all other applicable Borough or state laws.
(3)
Such expansion cannot be extended onto an adjacent lot, nor can lots be combined to accommodate an expansion of a nonconformity.
(4)
Noise-emitting equipment or apparatus that supports a nonconforming use expansion cannot be located within 50 feet of a residential lot line and must be located at the ground level with such buffering as the Zoning Hearing Board determines can reasonably limit the additional sound being heard by neighbors. Any new noise level caused by the expansion of a nonconforming use must conform to the noise performance standard of § 300-171.
(5)
The Zoning Hearing Board may attach additional conditions (including, but not limited in any way, to indirect lighting, screening of an expanded nonconforming use, and noise buffering between the expanded use and neighboring properties) to the granting of a special exception permit for expansion of a nonconforming use or structure for the purpose of promoting the objectives and intent of this chapter.
C.
Expansion limitation for nonconforming use or structure. A nonconforming use cannot be expanded by more than 50% greater than on the date it became nonconforming. If the nonconforming use, or any part thereof, is housed in a building(s) or other structure(s), said building(s) or structure(s) cannot have its (their) combined building or structure footprint expanded to accommodate a nonconforming use by more than 50% greater than the combined building(s) or structure(s) footprint on the date it became nonconforming. If there is more than one building on the premises when they first became nonconforming, then the expansion limitation shall apply to combined square footage of the footprint of the buildings or structures used for a nonconforming use. The restriction is not intended to prevent expansion of a use within a single building(s) to adjacent areas within the same building(s). However, an addition to or expansion of a building to accommodate a nonconforming use is not permitted if the building has been expanded or enlarged to such an extent that it has been expanded or enlarged by up to 50% of the square footage of the building(s) footprint since the time the use of the building(s) became a nonconforming use either at the time of the adoption of the Zoning Ordinance in 1956 or as a result of any amendment to the ordinance subsequent to its adoption.
§ 300-93 Changes.
A nonconforming use of a structure or land may be changed to a nonconforming use of the same or a more-restricted classification when approved, after a special exception hearing, by the Zoning Hearing Board. Whenever a nonconforming use of a structure or land has been changed to a use of a more-restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less-restricted classification.
§ 300-94 Restoration.
A.
A nonconforming structure wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed, repaired and used for the same use, whether conforming or nonconforming, provided structure reconstruction shall be commenced within one year from the date the structure was damaged, destroyed or condemned and shall be continued without interruption, or provided the owner of such property shall, within one year from the date the structure was damaged, destroyed or condemned, file with the Zoning Enforcement Officer a notice of intention to reconstruct. Such notice shall be valid for one year and shall be renewable annually not to exceed a total of three years from the date of the casualty loss unless, for cause shown, the Zoning Hearing Board, after a public hearing, grants an extension. The Zoning Hearing Board, after a special exception hearing, and for cause shown, may authorize reconstruction in cases where notice is not filed.
B.
In no case shall the structure or use, as reconstructed, exceed the area, height or land coverage of the original structure or use, nor shall any nonconforming yard be further reduced.
C.
Maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a nonconforming structure, provided such action does not increase the degree of or create any new nonconformity with regard to such structure or prevent the construction contemplated upon the issuance of a building permit for any structural alterations or demolition necessary in the interest of public safety.
§ 300-95 Abandonment.
If a nonconforming use of a structure or lot ceases for a continuous period of one year or more, the nonconforming use of the structure or the lot shall be presumed to have been abandoned, and subsequent use of such structure or land shall be in conformity with the provisions of this chapter of the Code.
§ 300-96 Registration.
Any nonconforming structure or use shall be registered with the Zoning Enforcement Officer, and such registration shall be a matter of official public record. Nonconforming structures or uses cannot be added to the registry without Zoning Hearing Board approval. In such cases the appellant must present to the Zoning Hearing Board documentation indicating that the nonconforming structure or use was in existence on January 23, 1956, or on the effective date of an amendment to this chapter, which amendment caused a permitted structure or use to become nonconforming. The addresses of existing nonconforming uses is available for inspection at the office of the Borough Secretary.