Hazleton City Zoning Code
ARTICLE VII
Nonconforming Uses, Structures and Lots
§ 575-701 Continuation of nonconformities.
Except as otherwise provided in this chapter, any lawful nonconforming use, structure, or lot which fails to conform to the requirements of this chapter shall be permitted to continue.
§ 575-702 Identification and registration of nonconformities.
The Zoning Officer or a landowner may initiate the process of registering a nonconformity. The Zoning Officer shall issue a certificate of nonconformity when the Zoning Officer finds that the nonconformity, although not in compliance with all applicable requirements of the zoning district in which the property is located, is a lawful preexisting nonconformity. The form for the issuance of a certificate of nonconformity shall be provided by the Zoning Officer, and any documents relied upon by the Zoning Officer in approving or denying the certificate of nonconformity shall be made a part of the certificate. The Zoning Officer shall prepare and maintain an accurate list of all certificates issued.
§ 575-703 Abandonment of nonconforming use.
A nonconforming use shall not resume if it is abandoned. A nonconforming use shall be deemed abandoned when the owner intends to abandon the nonconforming use. An overt act to convert the use into another use, or the ceasing of the use for more than 12 consecutive months shall raise a presumption that the use has been abandoned. The burden shall be on the owner of the nonconforming use to rebut that presumption. However, once a use has been deemed to be abandoned, the use shall not thereafter be reinstated and the structure, if any, shall not be reoccupied or used except in conformity with this chapter.
§ 575-704 Expansion of nonconforming uses and structures.
A.
B.
All other expansions of nonconforming uses and structures. Upon application for a special exception, the Zoning Hearing Board may approve the expansion of a nonconforming use or structure, provided that all of the following are met:
(1)
The expansion must be confined to the lot on which it is located at the effective date of this chapter. No expansion to an adjoining lot shall be permitted, even if such lot was in the same ownership at the effective date of this chapter unless the adjoining lot merged with the nonconforming lot under § 575-709B of this chapter.
(2)
The nonconforming use or structure, after expansion, shall comply with all of the dimensional, general and supplemental regulations applicable to the zoning district in which the use or structure is located.
(3)
The total of all expansions shall not exceed an additional 50% of the total floor or land area as it existed at the time the use or structure first became nonconforming.
(4)
The expansion may not create any new nonconformities.
(5)
The use or structure complies with the performance standards of this chapter Article X of this chapter.
(6)
The specific criteria for the granting of a special exception have been met along with the supplemental regulations for the proposed use, including supplemental regulations relating to access, parking, loading and signs.
§ 575-705 Moving of nonconforming use or structure.
A nonconforming use or structure may not be moved on a lot without special exception approval from the Zoning Hearing Board and provided that the nonconforming use or structure, when moved, shall comply with all of the dimensional regulations applicable to the zoning district in which the use or structure is located and the supplemental regulations for the use.
§ 575-706 Change of nonconforming use.
A.
Upon application for a special exception, the Zoning Hearing Board may approve the change of use, or replacement from one nonconforming use to another nonconforming use, provided that all of the following are met:
(1)
The new use is compatible with the surrounding area.
(2)
The proposed use shall not create any new dimensional nonconformities.
(3)
There is no increase in vehicular and pedestrian traffic generated by the proposed use.
(4)
The new use will not cause any traffic problems, hazards, or congestion.
(5)
There is no increase in noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, lighting or electrical disturbances.
(6)
The hours of operation of the proposed use are not greater than the hours of operation of the existing nonconforming use.
(7)
The proposed nonconforming use will not have any adverse impacts upon adjoining properties, and the public health, safety and welfare.
(8)
The specific criteria for the granting of a special exception have been met along with the supplemental regulations for the proposed use, including access, parking, loading and signs.
(9)
The performance standards of this chapter have been met.
B.
Any change or replacement of a nonconforming use to another nonconforming use that fails to meet a dimensional regulation shall also require a variance from the Zoning Hearing Board from that dimensional requirement.
§ 575-707 Restoration.
A nonconforming structure that is partially or entirely destroyed or damaged by involuntary, natural, or accidental causes not related to demolition or neglect may be rebuilt and occupied for the same use as before the destruction or damage, provided that the reconstructed structure shall not increase any dimensional nonconformity that existed before the destruction or damage. For this section to apply, the reconstruction of the nonconforming structure shall commence within 12 months from the date of damage or destruction to the structure and must be carried on without interruption.
§ 575-708 Unsafe or unlawful structures.
If a nonconforming structure becomes physically unsafe due to neglect or lack of maintenance and repairs, uninhabitable, or has been legally condemned under any applicable property maintenance or building code or ordinance, then the nonconforming status of the structure and its use shall be deemed abandoned, and the use shall cease and the structure shall not thereafter be restored, repaired, rebuilt, or used, except in conformity with the provisions of this chapter.
§ 575-709 Nonconforming lots of record.
A.
A structure may be built on a lot of record existing as of the effective date of this chapter even though the lot does not meet the minimum requirements for lot area or lot width as established for the zoning district in which the lot is located. However, the structure must conform to all other dimensional requirements for that zoning district including setbacks, height and lot coverage.
B.
If two or more contiguous lots of record are in single ownership as of the effective date of this chapter and those lots do not meet the required minimum lot area or lot width, then the lots shall be considered to be an undivided single lot and shall not be separately sold, transferred or developed. In this case, the lots shall be considered to have merged for purposes of this chapter. Before a zoning permit is issued for the construction of a principal building on either lot, the landowner shall be required to provide evidence that the deeds have been recorded in a manner that states that the nonconforming lots have been merged into a single lot.
§ 575-710 Uses not considered nonconforming uses.
Any building, structure or lot that is permitted by variance, special exception, or conditional use under this or any previous Hazleton City Zoning Ordinance shall not be deemed a nonconforming use, but a permitted use.
§ 575-711 Reversion of nonconformity.
A nonconformity, when changed to conform to this chapter or changed to another nonconformity, may not revert back to the original or previous nonconformity. This section shall not preclude a landowner from obtaining a variance, special exception or conditional use, as the case may be, under the requirements of this chapter.
§ 575-712 Reduction of nonconformity.
Any dimensional nonconformity may be reduced without Zoning Hearing Board approval and with the issuance of a permit by the Zoning Officer, provided that the demolition reduces the dimensional nonconformity even if it does not entirely eliminate the dimensional nonconformity.
§ 575-713 Nonconforming signs.
A.
Continuation. An existing nonconforming sign related to a legally established use may be continued at its present dimensions and location, but shall not be enlarged without conforming to the dimensional sign requirements of Article IX of this chapter.
B.
Identification and registration. The Zoning Officer or a landowner may initiate the process of registering a nonconforming sign. A certificate of nonconformity shall be issued when the Zoning Officer determines that the nonconforming sign, although not in compliance with all applicable requirements of the zoning district in which the sign is located, is lawful.
C.
Moving. No nonconforming sign shall be moved to another location on a building or lot on which it is located after the effective date of this chapter, unless it can be made to conform to the sign regulations of Article IX of this chapter.
D.
Alterations and repairs. A nonconforming sign may be continued, provided that it is not structurally altered. The Zoning Officer may permit the repair of a sign, provided that the sign is not enlarged or moved.
E.
Restoration. In the event that any nonconforming sign is damaged to the extent of 50% or more of its replacement costs determined at the time of construction, such sign shall not be restored or replaced except in conformity with the sign regulations of Article IX of this chapter.
F.
Discontinued. Whenever any use of a building, structure or land, or combination thereof, ceases, all signs accessory to such use shall be deemed to be abandoned and shall be removed within 90 days from the discontinuance of the use.
G.
Unsafe or unlawful signs. If a nonconforming sign becomes unsafe due to neglect or lack of maintenance, or has been declared unsafe under any applicable property maintenance or building code or ordinance, and the landowner fails to repair the sign after notice from the Zoning Officer, then the sign shall be deemed abandoned, and must be removed. Any repair performed under this section shall not result in enlarging or moving of the sign.