Ferguson Township Centre County
City Zoning Code
City Zoning Code
PART 8
NONCONFORMITIES
§ 27-801 Intent.
[Ord. No. 1049, 11/18/2019]
It is the intent of this chapter to recognize the right of nonconformities to continue, but to encourage that such lots, uses and structures be brought into conformity with this chapter as soon as constitutionally permissible. To achieve this end, nonconformities are subject to the regulations set forth in this Part 8.
§ 27-802 Nonconforming Lots of Record.
[Ord. No. 1049, 11/18/2019]
1.
In any district in which dwellings are permitted as principal uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area and/or width that are applicable in the district; provided, that all other yard dimensions and requirements of the lot shall conform to the regulations for single-family detached dwellings in the Single-Family Residential District. Such nonconforming lot must be in separate ownership and not abut other lots under the same ownership.
2.
If two or more abutting lots or combinations of abutting lots and portions of lots under the same ownership are of record and not in conformity at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width or area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcels be used or sold in a manner which diminishes compliance with lot width or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter. This subsection shall only apply when neither of the lots involved, which abut each other, contains a building. This subsection shall not apply to lots which are conforming to the zoning in effect as of the time of passage of this chapter.
3.
Lots which fail to meet minimum width or area requirements may be expanded to include abutting lots under the same ownership.
4.
To uphold the long-established character and the district purpose of the Township's Rural Agriculture Zoning District, for any lot in the Rural Agriculture District between the acreage of 2.01 acres and 49.99 as established on record as of 2019, any agriculturally oriented land use identified as permissible within the Rural Agriculture Zoning District shall be permissible as designated on Table § 27-205.1.[1]
[1]
Editor's Note: Said district quick is included as an attachment to this chapter.
§ 27-803 Nonconforming Uses and Structures.
[Ord. No. 1049, 11/18/2019]
1.
Where a lawful use or structure exists which, on the effective date of this chapter or subsequent amendment thereto, becomes nonconforming, such use or structure may be continued as long as it remains otherwise lawful, including subsequent sales of the property, subject to the following provisions:
A.
The existing nonconforming use shall not be changed to a different nonconforming use.
B.
No such nonconforming use or structure shall be altered or extended except if such complies with the following criteria and standards:
(1)
To provide for a natural expansion which is not detrimental to public health, safety and general welfare, provided such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use.
(2)
Provided such does not constitute the addition of a new nonconforming use or structure.
(3)
Provided such does not decrease yards when such already fail to meet minimum yard setback areas.
(4)
Provided that the alteration or extension meets the district regulations for such use or structure as if same were being altered or extended in the district where such use is permitted. In cases where the use is permitted in two or more districts, the most restrictive district regulations shall apply.
C.
In the event that any nonconforming structure is destroyed or partially destroyed by any means to an extent of 75% or more of the market valuation of all structures and other improvements on the lot, as determined to be the fair market value as of the date of destruction, pursuant to an appraisal by a professional real estate appraiser licensed in the Commonwealth of Pennsylvania, and selected by the Board of Supervisors; such nonconforming structure and use thereof shall terminate and the lot shall thereafter be used only for conforming uses and structures, except if the use or structure is a farm use as herein defined. Essential services are exempt from the provisions of this subsection.
D.
When a nonconforming use or structure is discontinued or abandoned for a period of one year or more continuously, or replaced by a conforming use or structure, the premises shall not thereafter be used except in conformity with the regulations of the district in which it is located, except if the use is a farm use as herein defined.
E.
Provided that the requirements of § 27-803, Subsection 1B(1) through (4), are satisfied, a landowner need not obtain a variance prior to altering or extending a nonconforming structure if such alteration/extension would extend the nonconformity but not aggravate it. In such cases, the landowner would be required to obtain a fee zoning permit. An example of the type of alteration permitted by zoning permit pursuant to this subsection is as follows: a twenty-foot front yard setback requirement exists and the structure is already constructed two feet into the setback. The landowner proposes an addition to the nonconforming part of the structure which would continue along the line of that portion of the structure which is two feet into the setback.
§ 27-804 Registration of Nonconforming Uses, Structures and Lots.
[Ord. No. 1049, 11/18/2019]
In administering and enforcing this Part 8 and reviewing applications for zoning certificates, temporary use permits, sign permits or variances, the Zoning Administrator may register nonconforming uses, nonconforming structures and nonconforming lots as they become known through the application and enforcement process. Registration and proof of nonconforming uses, structures and lots shall be the burden of the lot owner.
§ 27-805 New Construction.
[Ord. No. 1049, 11/18/2019]
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
