Eagles Mere City Zoning Code
§ 105-18
Nonconforming uses.
A.
The lawful use of a building or land existing on the effective date of this chapter or any amendment thereto affecting that use or building, or authorized by a building permit issued prior thereto, may be continued although such use or building does not conform to the provisions of this chapter.
B.
A nonconforming use of a building or land which is abandoned shall not be resumed or restored.
C.
A nonconforming use or building may be expanded or extended only in accordance with law. A nonconforming use may not be changed to any use except one which is permitted in the zoning district in which the property is located.
D.
Subject to any applicable provisions of the Pennsylvania Municipalities Planning Code,[1] existing lots or properties shall be combined to achieve, to the maximum extent possible, compliance with the applicable lot area and width requirements of this chapter, except that a lot containing a dwelling or other principal building on January 1, 1988, need not be combined with any contiguous lot which had not been so developed on that date.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
A building may be erected on any lot which is not of the required minimum lot area or width for the district in which the lot is situated if all of the conditions set forth below are satisfied.
(1)
The lot was created in compliance with the then-applicable zoning and subdivision regulations.
(2)
The nonconformance has not been created or increased by any action of the owner or any predecessor in title.
(4)
All other requirements of the district in which the property is located are complied with. Except as provided in Subsection E(5), where dimensions of the lot make it impractical to comply with the applicable side yard or rear yard requirements, the Zoning Hearing Board may reduce those requirements by special exception, but no action under this sentence shall reduce the width of a side yard to less than eight feet or the depth of a rear yard to less than 15 feet.
[Amended 8-4-2008 by Ord. No. 2008-01]
(5)
The following minor structures may be constructed in R-1 Districts using side yards the width of which shall be at least eight feet, a rear yard the depth of which shall be at least 15 feet, and a front yard the depth of which shall be at least 50 feet.
[Added 8-4-2008 by Ord. No. 2008-01]
(a)
One-story detached accessory structures used as tool and storage sheds, children's playhouses and similar uses provided that:
[1]
The floor area does not exceed 120 square feet.
[2]
The width or length of the accessory building does not exceed 14.66 feet (14 feet eight inches).
[3]
The sidewalls do not exceed a height of eight feet as measured from the subfloor to the top of the top plate.
[4]
The height of the building does not exceed 12 feet as measured from the mean level of the ground surrounding the building to the peak of the roof.
[5]
The structure does not have a basement or enclosed crawl space.
(b)
Unenclosed decks, patios, and steps that are not in any way roofed or tented over, provided that:
F.
A lawful building that is nonconforming with respect to any yard requirement may be extended if all of the conditions set forth below are satisfied.
[Added 10-18-2004 by Ord. No. 2004-4]
(1)
The extension does not intrude into any required yard area further than any existing lawful nonconformity.
(2)
The extension will not violate any building area limitation.
(3)
The total building area of all such extensions built in whole or in part in any then-required yard area shall not exceed the greater of 200 square feet or 25% of the building area when it became nonconforming.