East Greenville City Zoning Code
ARTICLE XV
Nonconforming Structures, Uses and Lots
§ 95-140 Nonconforming status.
All buildings, structures, uses of land, uses of buildings, lots and signs which do not conform to all of the applicable regulations of the district in which they are located or other applicable requirements of this chapter shall be considered as nonconforming, provided that:
§ 95-141 Nonconforming classifications.
Nonconforming status shall be classified as follows:
A.
Nonconforming use. The existing lawful use of land and/or buildings and/or structures upon the land which does not conform to any of the permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing lawful building or structure that does not conform to the height, location, size, bulk, building or impervious coverage, or other dimensional requirements of the district in which it is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does not conform to the applicable dimensional regulations, including area, depth, and/or width requirements, for lots in the district in which it is located.
D.
Nonconforming sign. Any sign, signboard, billboard or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of this chapter shall be considered a nonconforming sign and shall also be governed by the requirements of Article XIV of this chapter.
E.
Temporary nonconforming use. A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than 100 days on the approval of an application for a special exception by the Zoning Hearing Board, in accordance with the provisions of Article XVIII of this chapter. In order to obtain approval of such special exception, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Board that:
(1)
The temporary nonconforming use shall not be detrimental to the traffic flow of the community and that any traffic impacts, such as traffic congestion, shall be adequately mitigated;
(2)
The temporary nonconforming use shall be in harmony with the character of the immediate neighborhood in which it is located and shall not substantially or permanently impair the appropriate use or development of adjacent property; and
(3)
The temporary nonconforming use shall have some demonstrable benefit for the community of East Greenville, such as to the health, welfare, economic development, or other advantage or assistance to the community.
§ 95-142 Continuation of lawful nonconformities.
A.
The lawful nonconforming usage of a lot, structure, or use may be continued and a property may continue to be used as nonconforming until it complies with the requirements of this chapter or until the nonconforming use is otherwise discontinued as provided for in § 95-142D.
B.
Conforming uses in nonconforming buildings or lots. The conversion of one conforming use to another conforming use on a lot or in a building that is nonconforming shall be permitted in a nonconforming building or on a nonconforming lot. This provision shall not be read to permit noncompliance with the other provisions of this chapter for which lawful nonconforming status has not been obtained. For example, notwithstanding this provision, the new conforming use must comply with this chapter's parking requirements.
C.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use which is equally appropriate or more appropriate to the district in which the property is located, and is no more detrimental than the existing nonconforming use, by special exception granted by the Zoning Hearing Board in accordance with the provisions of Article XIX of this chapter.
(2)
A nonconforming use shall not be changed to another nonconforming use which is less appropriate to the district in which the property is located and/or is more detrimental than the existing nonconforming use.
D.
Discontinuance.
(1)
Once any nonconforming aspect of a use, structure, or lot is changed to a condition that conforms with this chapter, that aspect shall not be permitted to revert to a nonconforming condition.
(2)
Whenever a nonconforming use, in or on the land, or within a structure or portion thereof, has been discontinued for a continuous period of more than one year, such discontinuance shall be deemed to be an abandonment of such nonconforming use. Any subsequent use thereof shall conform to the applicable provisions of the zoning district in which such use is located.
(3)
Notwithstanding the previous provisions, the Borough Zoning Officer may determine that a nonconforming use has been abandoned, even if less than one year has passed, provided that the following two conditions are satisfied:
(4)
A nonconforming structure, use, parking area, or site improvement which is demolished, destroyed, razed, or condemned, including, but not limited to, demolished by neglect, through means other than fire, explosion, accident, or calamity, shall be reconstructed in full conformity with this chapter for the zoning district in which it is located.
(5)
When an existing building or use, or combination thereof, is nonconforming, and demolition of the building or use is proposed for redevelopment, the existing nonconforming conditions, including nonconforming impervious coverage levels, may not be continued or transferred to the new development proposal.
(6)
Nonconforming structures damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used as before, provided that:
(a)
The reconstructed building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth and volume.
(b)
Building reconstruction shall be started within one year from the date the building was damaged or destroyed and shall be carried out without interruption.
§ 95-143 Expansion of nonconforming uses, structures, or lots.
A.
Any expansion of a nonconforming use, structure, or lot shall include only that lot, held in single and separate ownership, on which the use, structure, or lot existed at the time it became nonconforming. Expansion onto adjoining lots is prohibited.
B.
Nonconforming uses. A nonconforming use may be expanded by up to 25% of the original square footage occupied by the nonconforming use. If this requires an expansion of the building in which the use is housed, the provisions of § 95-143C shall apply. This expansion shall be permitted only once.
C.
Nonconforming structures. Physical expansion of a nonconforming structure or a structure housing a nonconforming use shall be permitted only one time and shall be limited to 25% of the gross floor area of the existing building. Expansion of the structure shall comply with all dimensional requirements and other standards of the district in which it is located, and be subject to the following provisions:
(1)
Expansion of a nonconforming structure shall be permitted only one time.
(2)
In cases where a building is nonconforming as to front, side or rear yard setback, an addition may be built on a line with the existing building as long as it does not create an additional encroachment into a required yard. Any further encroachment with regard to required setbacks is not permitted.
(a)
If a building is nonconforming with regards to front yard setback, expansion shall not be permitted to extend closer to the road ultimate right-of-way than the front wall of the existing structure closest to the road.
(b)
Expansion shall not be permitted to create a new violation of the minimum side yard setback. An existing dwelling that violates the side yard setback may be expanded to the rear along the side yard building setback established by the wall of the existing building.
(c)
An existing dwelling that violates the rear yard setback may be expanded to the sides along the rear yard building setback established by the rear wall of the existing building, as long as it does not create encroachment into the required side yard setbacks.
D.
Structures planned or under construction. If new ordinance provisions are adopted that affect planned construction which has been approved by the Borough but has not been completed, the structures may still be completed and become nonconforming structures; however, the use or uses on the lot shall comply with the permitted uses for the district in which they are located. If a structure requires land development approval, it shall be evaluated under the ordinance provisions in place at the time a submission was first received by the Borough.
E.
Nonconforming lots.
(1)
A nonconforming lot that is an alley lot or a landlocked lot shall be developed only in accordance with § 95-166.
(2)
If a nonconforming lot is not subject to the provisions of § 95-166, a structure may be constructed or erected by special exception by the Zoning Hearing Board, in accordance with the provisions of Article XIX of this chapter, subject to the following:
(a)
The use or uses on the nonconforming lot shall be in accordance with the uses permitted in the district where the lot is located.
(b)
The dimensional, building area, impervious coverage, and other requirements shall be adhered to as much as is possible for the lot.
(c)
Other requirements, such as parking and landscaping, shall be met as required by this chapter and other ordinances in place at the time of the land development.
F.
Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be developed only in groups thereof in order to provide the minimum lot area and width required. When all lots in single ownership are combined and still do not meet area and/or width requirements, they may be considered a single nonconforming lot in accordance with § 95-143F of this chapter.
§ 95-144 Administration.
A.
Mapping and recording of nonconforming uses, structures and lots. The Zoning Officer shall perform a survey of the Borough and record and map all uses, structures and lots nonconforming to the district requirements set forth in this chapter. Such record and map shall be available for inspection at the Borough Municipal Building. For each property identified, the Zoning Officer shall have on file a written record documenting the evidence and reasoning that led to the assignment of nonconforming status. If the survey, record and map are not done or are incomplete, the nonconforming status may be determined when applications are filed with the Borough.
B.
Jurisdiction. In all matters pertaining to nonconforming status, the Zoning Officer shall make the initial determination.
(1)
The Zoning Officer may seek the advice of the Borough Solicitor and/or others in making a determination.
(2)
If it cannot be determined by means of positive documentation that a use, structure or sign was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Zoning Officer must refuse to confer nonconforming status.