Elizabethtown City Zoning Code
PART 19
NONCONFORMING BUILDINGS AND USES
§ 1901 Nonconforming Buildings and Uses.
[Ord. 766, 5/16/1996, § 19.0; as amended by Ord. 975, 6/16/2016]
All lawful or previously nonconforming buildings and/or structures, lots, signs, fences, architectural and engineering retaining walls, excluding nonconforming uses, existing on the effective date of this section, may be continued, altered, restored, reconstructed, changed, sold or maintained even though such structures may not conform to the regulations of the district in which it is located.
§ 1902 Alterations.
[Ord. 766, 5/16/1996, § 19.1]
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use; providing, such alterations and repairs are in conformance with the regulations set forth in this chapter and other applicable codes and ordinances adopted by the Borough.
§ 1903 Extensions or Enlargements.
[Ord. 766, 5/16/1996, § 19.2; as amended by Ord. 882, 2/15/2007; and by Ord. 983, 11/16/2017]
1.
The types of extensions and enlargements listed below are permitted for the following nonconforming uses and buildings existing on the effective date of this chapter:
A.
The extension of a nonconforming use of land upon a lot occupied by such use.
B.
The extension or enlargement of a conforming building occupied by a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
D.
The extension or enlargement of a nonconforming building occupied by a conforming use.
2.
The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:
A.
The extension or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which it is located. Where a structure is nonconforming as to a required side yard or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project further into any yard, whether front, side or rear yard, than the original building line extended. Extension or enlargement shall not exceed 33 1/3% of the existing floor area or use. The extension or enlargement of a nonconforming use or structure housing a nonconforming use granted herein shall not be interpreted to be in addition to any expansion previously granted under prior zoning regulations unless the previous expansion was less than otherwise permitted herein.
B.
The entire building or use shall be provided with off-street parking and loading spaces as required by Part 16.
C.
The extension or enlargement does not replace a conforming use.
D.
The extension or enlargement of a building used for a nonconforming use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel of land existing and occupied on the effective date of this chapter, where such vacant parcels have been recorded separately or acquired following the effective date of this chapter.
E.
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character. The proposed change in nonconforming use shall not increase the need for off-street parking, produce any noise, glare, heat, dust, traffic vibration, or illumination in excess of the existing nonconforming use.
§ 1904 Reconstruction/Restoration.
[Ord. 766, 5/16/1996, § 19.3]
A nonconforming building or use which is damaged by fire, explosion, windstorm or other natural or criminal acts may be reconstructed and used for the same purposes, provided:
A.
The reconstruction and/or restoration of the building is commenced within one year from the date of occurrence of the damage and is carried to completion without undue delay.
B.
The reconstructed building or occupied area does not exceed the height, area and volume of the original structure and occupied use.
§ 1905 Discontinuance.
[Ord. 766, 5/16/1996, § 19.4; as amended by Ord. 975, 6/16/2016]
If a nonconforming use or building ceases operations for a continuous period of more than 12 months, then such use and any subsequent use or building shall conform to the regulations of this chapter.
§ 1906 Nonconforming Lots.
[Ord. 766, 5/16/1996, § 19.5]
Any lot held in single and separate ownership at the effective date of this chapter which does not conform to one or more of the applicable area regulations in the district in which it is located shall be considered nonconforming. A building may be erected upon any vacant nonconforming lot provided a special exception is authorized by the Zoning Hearing Board, and, further provided, that the applicant does not own or control other adjoining property sufficient to comply with the provisions of this chapter. Such development shall comply with the following provisions:
§ 1907 Nonconforming Signs.
[Ord. 766, 5/16/1996, § 19.6]
Signs in existence at the effective date of this chapter, or amendments thereto, may be continued subject to the regulations contained in Part 17.