Cressona City Zoning Code
NONCONFORMING LOTS
USES AND STRUCTURES
§ 155.185 INTENT.
Within the zoning districts established by this chapter, or subsequent amendments thereto, there exist, or will exist, lots, structures and uses which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed.
(Prior Code, Ch. 27, § 27-1201) (Ord. 293, passed 4-20-1992, § 12.1)
§ 155.186 NONCONFORMING LOTS OF RECORD.
(A) In any district, a permitted building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirement for area or width, or both, that are generally applicable in this district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located.
(B) Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
(C) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are on record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(Prior Code, Ch. 27, § 27-1202) (Ord. 293, passed 4-20-1992, § 12.2)
§ 155.187 NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY).
Where at the time of passage of this chapter or lawful use of land exists which would not be permitted by regulations imposed by this chapter:
(A) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter, unless by grant of special exception by the Borough Zoning Hearing Board, when in such case a maximum increase of 25% is permitted on existing lands owned and occupied by the existing nonconforming land use and contingent upon compliance with all the applicable regulations of this chapter; and
(B) If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
(Prior Code, Ch. 27, § 27-1203) (Ord. 293, passed 4-20-1992, § 12.3; Ord. 323, passed 7-6-1998)
§ 155.188 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful subject to the following provisions.
(A) No such nonconforming structure may be enlarged, or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
(B) Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 80% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Prior Code, Ch. 27, § 27-1204) (Ord. 293, passed 4-20-1992, § 12.4)
§ 155.189 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged or extended.
(B) Any nonconforming use and premises may, as a special exception, be expanded or changed to another nonconforming use provided that the Zoning Hearing Board by special exception shall find that the expansion or proposed change in use is appropriate to the district. In permitting such change, the Zoning Hearing Board shall require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(C) A nonconforming use may be changed to a conforming use and shall not be changed back to a nonconforming use.
(Prior Code, Ch. 27, § 27-1205) (Ord. 293, passed 4-20-1992, § 12.5)
§ 155.190 REPAIRS AND MAINTENANCE.
Nothing in this chapter shall prohibit any repairs, maintenance or remodeling of any nonconforming building or structure provided that such does not make the building or structure more nonconforming in terms of the regulations of this chapter. Further, nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Prior Code, Ch. 27, § 27-1206) (Ord. 293, passed 4-20-1992, § 12.6)
§ 155.191 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT NONCONFORMING USES.
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
(Prior Code, Ch. 27, § 27-1207) (Ord. 293, passed 4-20-1992, § 12.7)
§ 155.192 NONCONFORMING SIGNS.
Any sign erected, constructed or placed before the effective date of this chapter may remain and continue to be used and maintained notwithstanding that it does not conform to the applicable provisions of §§ 155.225 through 155.234; provided, that no such sign shall be altered or relocated unless the same shall either conform to or be made to conform in all respects with the applicable provisions of §§ 155.225 through 155.234.
(Prior Code, Ch. 27, § 27-1208) (Ord. 293, passed 4-20-1992, § 12.8)