Greencastle City Zoning Code
ARTICLE VI
Nonconforming Uses and Buildings
§ 205-29 Definitions and use provisions.
A.
As used in this section, the following terms shall have the meanings indicated:
NONCONFORMING STRUCTURE
A structure or building or part thereof manifestly not designed to comply with the applicable use provisions contained in this chapter or its subsequent amendment where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, or both, which does not comply with the applicable use provisions of this chapter or its subsequent amendments, where such use was lawfully in existence prior to the enactment of this chapter or amendment.
B.
Use provisions. Any nonconforming use of land or structure or combination thereof may be continued subject to the following:
(1)
Shall not be moved to another location where such use would be nonconforming.
(2)
Shall not be changed to another nonconforming use without special exception approval by the Zoning Hearing Board in accordance with § 205-30 herein.
(3)
Shall not be reestablished unless in accordance with § 205-31, if such use has been discontinued for a period of one year or more.
§ 205-30 Expansion and change of nonconforming uses.
A.
Procedure. Any nonconforming use of structure or land or combination thereof may be expanded or changed only upon approval of the Zoning Hearing Board after a special use hearing as defined elsewhere in this chapter.
B.
Standards. Each application for an expansion or change of a nonconforming use shall be subject to the following standards:
(1)
It shall be the responsibility of the applicant to sufficiently document to the Zoning Hearing Board that the proposed expansion or change will not be contrary to the purposes of this chapter and the public health, safety, and welfare of municipal residents, in general, and of the residents of the immediate area, in particular.
(2)
That such expansion or change is not extended beyond the lot lines existing on the date of this chapter or its subsequent amendments were adopted.
(3)
That such expansion or change shall comply with the applicable yard and setback requirements of the district where located.
(4)
Any person seeking permission to change a nonconforming use to any other nonconforming use, shall sufficiently document to the Zoning Hearing Board that such new nonconforming use is more in compliance with the applicable provisions of this chapter than the present nonconforming use.
(5)
The Zoning Hearing Board may attach additional provisions to the granting of a special use permit or expand or change a nonconforming use for the purpose of promoting the objectives and intent of this chapter.
§ 205-31 Discontinuance.
Any person desiring to temporarily discontinue a nonconforming use may do so, and may resume the same use within one year after such discontinuance, provided such person has notified the Borough in writing of his intention to do so within 30 days after the use is discontinued. A discontinued use will not be deemed to be resumed unless such use is operated on a regular basis for six months after such resumption begins.
§ 205-32 Repairs and maintenance.
Notwithstanding any of the above regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any nonconforming use or structure.
§ 205-33 Registration of nonconforming uses.
The Borough Zoning Officer shall identify and register all lawful uses existing at the effective date of this chapter which do not conform to the requirements set forth in this chapter, or any amendments thereto. Such registration shall be carried out within 90 days of the effective date of this chapter, or any amendments thereto.
