Eddystone City Zoning Code
ARTICLE XX
Nonconforming Uses
§ 295-111 Purpose.
A.
Within the districts established by this chapter or amendments thereto, there exist certain uses, structures and lots which were lawful before this chapter was enacted or amended, but which do not conform to the provisions of this chapter or amendment thereto. These uses, structures or lots are referred to as "nonconformities."
B.
The regulations governing existing nonconforming uses, structures and lots are set forth in this article and are intended to provide a gradual remedy for the undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue, these regulations are intended to restrict further investment in such nonconformities and to bring about their gradual reduction.
§ 295-112 Continuation.
All structures, lots, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property. Such uses must comply with all safety-related and other applicable regulations.
§ 295-113 Enlargement.
A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met:
A.
It is clear that such enlargement or extension is not materially detrimental to the health, safety and welfare of the surrounding area or the interest of the Borough.
B.
The proposed enlargement or extension only occurs on the tract where the nonconformity is currently located.
C.
The nonconforming structure, or the area devoted to the nonconforming use, shall be increased by not more than 25% of its cubic content.
D.
Any extension or enlargement of a building shall conform to the area, height and setback regulations of the district in which it is located.
E.
Not more than one extension or enlargement to a nonconforming use or structure shall be granted.
§ 295-114 Change of use.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use, subject to the following conditions:
A.
The applicant shall show that the nonconforming use cannot be reasonably changed to a conforming use.
B.
The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use or will be more appropriate than the existing nonconforming use with regard to:
§ 295-115 Enclosure.
Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use, whether or not such structure would otherwise conform to the zoning regulations, shall be permitted to be erected on the premises.
§ 295-116 Abandonment.
If a nonconforming use of a building or land is abandoned for six consecutive months or more, whereby the owner discontinues the use, the subsequent use of such a building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board. Such approved use shall be initiated within 90 days after the end of the six-month period.
§ 295-117 Restoration.
Where a nonconforming structure or a conforming structure devoted to a nonconforming use has been destroyed or damaged by fire or legally condemned, such structure may be rebuilt or restored to its condition prior to the occurrence, provided that:
§ 295-118 Repairs and maintenance.
A.
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of six consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.
B.
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
C.
Nothing in this chapter shall be construed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Building Inspector or other official charged with protecting the public safety.
§ 295-119 Displacement.
No nonconforming use shall displace a conforming use.
§ 295-120 Nonconforming lots.
A lot held in single and separate ownership on the effective date of this chapter which does not contain the required minimum area or width may be used for the construction, alteration or reconstruction of a building or may otherwise be used if the construction, alteration, reconstruction or other use is in compliance with the use, yard and setback provisions of this chapter.
§ 295-121 Reduction of lot area.
No lot area shall be reduced so that the area of the lot or the dimensions of the open space shall be smaller than herein prescribed.
§ 295-122 Registration of nonconforming uses.
The Building Inspector shall prepare, or cause to be prepared, within three years after the effective date of this chapter, a complete list of all nonconforming uses and structures in the Borough.
§ 295-123 Ownership.
Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner.
§ 295-124 Violations.
A nonconforming structure altered or a nonconforming use created in violation of any provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 295-112 upon other nonconforming structures and uses.