East Berlin City Zoning Code
ARTICLE XIII
Nonconforming Uses
§ 500-80 General.
All lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, sold, or maintained even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, providing such nonconforming uses shall comply with the provision of this article.
§ 500-81 Alterations and reconstruction.
A.
Repairs and structural alterations not constituting extensions, expansions, or enlargements, may be made to a nonconforming building or to a building occupied by a nonconforming use.
B.
A nonconforming building which is damaged by fire, explosion, or natural disaster, may be rebuilt and used for the same purpose, provided that:
(1)
The reconstruction of the building is commenced within one year from the date of the destruction of the building and is carried to completion without undue delay.
(2)
The reconstructed building does not exceed the height, area, and volume of the building destroyed.
(3)
The reconstructed building shall be located within the building footprint of the building destroyed.
§ 500-82 Extension, expansion, and enlargement of nonconforming uses.
A.
The Zoning Hearing Board may authorize, as a special exception, the following types of extensions, expansions, and enlargements of nonconforming uses existing on the effective date of this chapter.
B.
The foregoing extension, expansions, and enlargements of such nonconforming uses shall be subject to the following conditions:
(1)
The extension, expansion, or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which the use would ordinarily be permitted.
(2)
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XI. Where the design of current off-street parking lots and loading facilities do not comply with current standards of Article 1101, such parking lots and loading facilities shall be redesigned to comply.
(3)
The extension, expansion, or enlargement does not replace a conforming use.
(4)
The extension, expansion, or enlargement of the nonconforming building or use shall not be permitted to extend into land adjacent to the initial parcel of existing land occupied on the effective date of this chapter.
§ 500-83 Extension, expansion, and enlargement of nonconforming buildings.
A.
Where an existing building is nonconforming with regard to one or more applicable dimensional standards, such building may be extended, expanded, or enlarged as a matter of right provided that the degree of nonconformity is not increased.
B.
Where an existing building is nonconforming with regard to one or more applicable dimensional standards, and an extension, expansion, or enlargement of said building is proposed that would increase the degree or nonconformity, such extension, expansion, or enlargement shall be subject to variance approval from the Zoning Hearing Board.
§ 500-84 Change of use.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
§ 500-85 Abandonment and discontinuance.
If a nonconforming use of a building or land ceases or is discontinued for a continuous period of one year or more, the nonconforming use shall be considered to be abandoned, and subsequent use of such building or land shall be in conformity with all the provisions of this article. This standard shall not apply in cases where the cessation or discontinuance was caused by circumstances beyond the control of the owner.
§ 500-86 Nonconforming lots.
Any lot held in single and separate ownership at the effective date of this chapter and which does not conform to one or more of the applicable dimensional regulations in the district in which it is located shall be considered nonconforming. A building may be erected upon a nonconforming lot and a use may be established upon a nonconforming lot provided a zoning permit is obtained in accordance with the provisions of this chapter. Such development shall comply with the following provisions:
A.
The proposed use is permitted by right within the district in which it is located.
B.
The proposed building and use shall comply with all applicable area, height, and bulk regulations of the district other than the regulation(s) that result in the lot being considered to be nonconforming. Zoning permit approval shall not be granted for lots that are nonconforming with regard to minimum lot area, and where the underlying zoning district applies a minimum lot area standard for a specific use that exceeds the generally required minimum lot area standard for the zoning district as a whole.