Cornwall City Zoning Code
ARTICLE 27
NONCONFORMITIES–LOTS, USES, AND STRUCTURES
§ 14-2701 Intent.
[Ord. 2008-1, 6/9/2008]
1.
When, within any zoning district established by this Chapter, or subsequent amendment thereto, there exist:
A.
Lots;
B.
Uses of land;
C.
Structures; or,
D.
Uses of structures or land and structures in combination;
which were lawful prior to June 11, 2001, or the passage or amendment of this Chapter, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment, such lots, uses of land, structures, or uses of structures or land and structures in combination shall hereinafter be referred to as nonconforming. It is the intent of this Chapter to permit these nonconformities to remain or continue until they are brought into compliance. It is further the intent of this Chapter that nonconformities shall not be used as grounds for adding other structures or additional uses prohibited elsewhere in the same district.
2.
Nonconforming uses are declared by this Chapter to be incompatible with permitted uses within the same zoning district. Any extension or enlargement of a nonconforming use of a structure, of land, or structure and land in combination may be permitted only as provided within this Chapter. Extension or enlargement of a nonconforming use by the addition of uses not normally accessory to the existing nonconforming uses shall not be permitted.
3.
To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter and upon which actual construction has been carried on diligently. Additionally, where excavation, demolition or removal of an existing building has begun preparatory to rebuilding, such activities shall be deemed actual construction provided that work is carried on diligently.
§ 14-2702 Nonconforming Lots of Record.
[Ord. 2008-1, 6/9/2008]
1.
Following the effective date of adoption of this Chapter, or subsequent amendment, that makes it nonconforming, a permitted principal structure and necessary structure(s) may be erected upon any single nonconforming lot of record. Said lot must be in separate ownership and not of continuous frontage with other lots in the same ownership at the time of adoption of this Chapter or subsequent amendment that makes it nonconforming. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district.
2.
However, yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of any prescribed requirements shall be obtained only through action of the Zoning Hearing Board.
3.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Borough Council and are on record in the office of the Recorder of Deeds of Lebanon County for no more than three years before the date of adoption of this Chapter, or subsequent amendment that makes them nonconforming, such lots may be developed, as recorded, provided that yard dimensions and requirements other than those applying to area or width shall conform to the regulations for the district in which such lots are located.
4.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Borough Council and are on record in the office of the Recorder of Deeds of Lebanon County for more than three years before the date of adoption of this Chapter, or subsequent amendment that makes them nonconforming, such lots may be developed; provided, that:
A.
The lot area and lot width of all lots is 75% or more of the required lot area and width.
B.
All yard, lot coverage, and other applicable requirements of the district can be satisfied.
C.
Contiguous nonconforming lots which cannot satisfy requirements of paragraphs .A and .B of this subsection shall be combined, enlarged, or resubdivided to satisfy requirements of paragraphs .A and .B.
5.
No portion of a nonconforming lot shall be sold or used in a manner which further diminishes compliance with the lot area and lot width requirements of this Chapter, nor shall a portion of a conforming lot be sold or used in a manner which creates a nonconforming lot.
§ 14-2703 Nonconforming Uses of Land.
[Ord. 2008-1, 6/9/2008]
1.
Where lawful use of land exists as of June 11, 2001, or as a result of a subsequent amendment to this Chapter, which would not be permitted by the regulations imposed by this Chapter, and where such use involves no principal structure, the use may be continued; provided, that:
A.
No such nonconforming use of land, which is ceased, removed, discontinued, or abandoned for a period of 180 consecutive days, shall thereafter be reestablished. This cessation, discontinuance, or abandonment time limit may be extended by an additional 180-day time period where contracts or agreements are being negotiated; provided, (1) the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension requested and (2) the Zoning Officer issues a temporary certificate of zoning compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.
B.
No principal structures shall be erected in connection with such nonconforming use of land.
C.
Expansion of nonconforming uses shall be limited to a maximum aggregate enlargement of 50% of the area of land so used, as compared to the land in nonconforming uses on June 11, 2001, or at the date of subsequent amendment to this Chapter that makes it nonconforming. Contiguous land owned on June 11, 2001, or at the date of subsequent amendment to this Chapter that makes it nonconforming, may be used for expansion of the nonconforming use. However, for purposes of this Chapter, approved streets or road rights-of-way define the limit of expansion of any nonconforming use of land, and such uses shall not extend across said streets or road rights-of-way.
§ 14-2704 Nonconforming Structures.
[Ord. 2008-1, 6/9/2008]
1.
A lawful structure existing on June 11, 2001, at or at the date of subsequent amendment to this Chapter that makes it nonconforming, that could not otherwise be built due to restrictions on lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may remain, subject to the following provisions:
A.
A nonconforming structure shall not be enlarged or altered in a way that increases its nonconformity, but a structure or portion thereof may be altered to decrease its nonconformity.
B.
A nonconforming structure or portion thereof may be extended along established, existing building lines provided:
(1)
The extension meets all other applicable yard, lot coverage and height regulations.
(2)
Extension or enlargement along the nonconforming setback shall be limited to a maximum 100% increase of the area of land covered by the portion of structure which is in a nonconforming status. Extension or enlargement in a conforming manner shall not be subject to the 100% limitation. Any extension or enlargement shall be regulated by other applicable yard, lot coverage and height restrictions.
C.
A nonconforming structure which has been damaged or destroyed to any extent by fire, explosion, accident or calamity may be repaired or reconstructed; provided:
(1)
The rebuilt structure is unchanged in its original size or location, or is less nonconforming than the original structure.
(2)
Repair or reconstruction is commenced within one year from the date of damage or destruction. Failure to repair or reconstruct within one year shall result in loss of nonconforming rights and any successive structure shall conform with all applicable ordinance requirements.
D.
A nonconforming structure which has been demolished or destroyed to any extent by deterioration or removal shall not be reconstructed or structurally replaced, except that:
(1)
Any conforming portion of the nonconforming structure may be reconstructed or replaced.
(2)
Repairs and maintenance shall be permitted to maintain the nonconforming structure in a safe condition. However:
(a)
Restoration and repairs shall be limited to protective exterior improvements.
(b)
A maximum aggregate of 50% of the structural or weight bearing components of the nonconforming structure may be replaced, during structural alterations, so that repairs and maintenance do not actually involve replacement of the old structure with a new one over any period of time.
§ 14-2705 Nonconforming Uses of Structures or Land and Structures in Combination.
[Ord. 2008-1, 6/9/2008]
1.
If lawful use involving principal structures or land and structures in combination exists on June 11, 2001, or at the date of subsequent amendment to this Chapter that makes it nonconforming, the use may be continued so long as it remains otherwise lawful, subject to the following:
A.
Abandonment of a nonconforming use of a structure (or land and structure in combination) shall remove the nonconforming status of the structure (or land and structure in combination) so that the nonconforming use may not thereafter be reestablished. Furthermore, use of the structure (or land and structure in combination) shall thereafter conform with the regulations for the zoning district in which it is located. Abandonment shall be deemed to have occurred when the nonconforming use is ceased, removed or discontinued for a period of 365 consecutive days. However, this cessation, discontinuance, or abandonment time limit may be supplemented by an additional 365-day time period while the property is being marketed; provided, (1) the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension requested and (2) the Zoning Officer issues a temporary certificate of zoning compliance to register the reasons for extension, the length of extension, and the nature of the nonconformity.
B.
Extension or enlargement of (1) the structure containing the nonconforming use or (2) the area of land used for storage, display, or sales of products or materials in combination with the nonconforming uses, shall be subject to the following:
(1)
Expansion of the nonconforming use shall be limited to a maximum aggregate enlargement of 50% of the area of land so uses at the date of adoption of this Chapter, or at the date of subsequent amendment that makes it nonconforming, subject to the requirements that:
(a)
The structure containing the nonconforming use may be enlarged to cover 50% additional land area.
(b)
Expansion may include only the same number of stories existing on the structure at the date of adoption of this Chapter, or at the date of subsequent amendment that makes it nonconforming. Additional stories shall not be permitted.
(c)
The area of land used for storage, display, or sales of products or materials in combination with the nonconforming use may be enlarged to cover 50% additional land area.
(d)
Contiguous land may be used for the maximum 50% expansion, provided the land so used was owned at the date of adoption of this Chapter, or at the date of subsequent amendment that makes it nonconforming, and expansion does not extend across any street or road right-of-way.
C.
Any nonconforming use of a structure (or land and structure in combination) may, as a special exception, be changed to another nonconforming provided the Zoning Hearing Board finds that the proposed uses is equally appropriate or more appropriate to the district than the existing nonconforming use.
D.
Where the nonconformity applies to the use of structure (or land and structure in combination), removal or destruction of the structure shall eliminate the nonconforming status of the land. Removal or destruction, for the purposes of this subsection, shall include the removal or destruction of an aggregate of 75% or more of the structural or weight bearing components of the structure.
E.
Where the nonconformity applies to the use of structure (or land and structure in combination), if the structure (or land and structure in combination) has been damaged or destroyed to any extent by fire, explosion, accident, or calamity, it may be repaired or reconstructed provided:
(1)
The rebuilt structure is unchanged in its original size or location, or is less nonconforming than the original structure.
(2)
Repair or reconstruction is commenced within one year from the date of damage or destruction. Failure to repair or reconstruct within one year shall result in loss of nonconforming rights and any successive structure shall conform with all applicable ordinance requirements.
§ 14-2706 Uses under Special Exception or Conditional Use Provisions Not Nonconforming Uses.
[Ord. 2008-1, 6/9/2008]
Any existing use that is permitted as a special exception or conditional use in a district under the terms of this Chapter (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use not generally permitted in the district) shall not be deemed a nonconforming use in such district. However, expansion, enlargement, or change to that existing use shall be subject to the same criteria specified for special exception or conditional use approval within the district and administrative Sections of this Chapter, although Zoning Hearing Board or Borough Council action shall not be required.
§ 14-2707 Nonconforming Signs.
[Ord. 2008-1, 6/9/2008]
Any sign erected, constructed, or placed before June 11, 2001, or the date of subsequent amendment to this Chapter that makes it nonconforming, which does not conform to the applicable provisions of Article 25 of this Chapter, is a nonconforming sign. No such sign shall be replaced, relocated, or otherwise changed until approval is obtained in accordance with the requirements of Article 25 of this Chapter.
§ 14-2708 Nonconforming Uses, Activities, Construction, and Other Development in the General Floodplain District.
[Ord. 2008-1, 6/9/2008]
In addition to the requirements of Article 27 of this Chapter, all nonconforming uses, activities, construction, and other development occurring within the General Floodplain (GFP) District shall also comply with the applicable requirements of Article 18 of this Chapter and the Lebanon County Floodproofing Building Code.