Gettysburg City Zoning Code
PART 14
NONCONFORMING USES, BUILDINGS, STRUCTURES AND LOTS
§ 27-1401 Purpose.
[Ord. 1352-08, 5/5/2008]
The following provisions shall apply to existing lawful uses, buildings, structures and lots which do not conform to the requirements of this chapter or any amendments thereto. The purpose of these provisions is to reasonably provide for such existing nonconformities. The conversion or reversion of such nonconformities, however, shall be encouraged whenever possible.
§ 27-1402 Nonconforming Buildings, Structures and Uses.
[Ord. 1352-08, 5/5/2008]
1.
Continuation. Any building, structure or lawful use existing at the time this Part becomes effective (October 23, 1975) may be continued indefinitely.
2.
Extension.
A.
A building occupied by a nonconforming use shall not be enlarged, extended or structurally altered (except as may be required by law to assure the structural safety of the building) and any nonconforming use shall not be enlarged or extended except for the following which may be authorized by special exception by the Zoning Hearing Board:
(1)
The extension of a nonconforming use of a portion of a building to another portion of the building.
(2)
The reasonable extension of a conforming building occupied by a nonconforming use on a conforming lot, provided that such extension is not detrimental to the character of the surrounding area or the interests of the Borough and that such extension shall conform to the area and height regulations of the district in which it is located.
B.
A nonconforming building may be rebuilt or altered only:
[Amended by Ord. No. 1473-20, 11/9/2020]
(1)
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.
(2)
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 of nonconformity, such extension, expansion, or enlargement of the nonconformity may only be authorized by approval of a variance for the same granted by the Zoning Hearing Board.
3.
Change. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more-restricted classifications, when authorized by the Zoning Hearing Board as a special exception. Whenever a nonconforming use of a building or land has been changed to a use of a more-restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less-restricted classification.
4.
Restoration. A nonconforming building, or a building occupied by a nonconforming use, which is wholly or partially destroyed by fire, explosion, flood or other phenomenon, or which has been legally condemned, may be reconstructed or repaired and/or used for the same nonconforming use, provided that such building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
5.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this Part.
§ 27-1403 Nonconforming Lots.
[Ord. 1352-08, 5/5/2008]
1.
Held in Single and Separate Ownership. A building may be erected or altered on any lot held at the time this Part becomes effective (October 23, 1975) in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions or shape that the owner would have difficulty in providing the required open spaces for the district in which such lot is located, provided that the plans for the proposed building shall be approved by the Zoning Hearing Board after review of the plans to assure reasonable compliance with the intent of the regulations for the district.
2.
Included in Approved Plans. Buildings may be erected on lots which are not held in single and separate ownership at the time this Part becomes effective and which are not of the required area or width if such lots are included in a land subdivision plan which has been approved by the Borough Council prior to the effective date of this Part.
§ 27-1404 Registration of Nonconformities.
[Ord. 1352-08, 5/5/2008]
The Zoning Officer may provide an applicant with a certificate of nonconformity if sufficient evidence is provided by the applicant.