Heidelberg City Zoning Code
ARTICLE XII
Nonconforming Uses, Structures, and Lots
§ 112-1201 Nonconforming uses.
The following provisions shall apply to all nonconforming uses.
1.
Continuation and change. A nonconforming use may be sold or otherwise transferred to other owners and may be continued, but shall not be changed in use unless to a conforming use.
2.
Enlargement or expansion.
a.
A nonconforming use may be expanded or enlarged upon approval as a conditional use by the Borough Council and subject to the general criteria set forth in § 112-1203 and compliance with the following criteria:
i.
The extension becomes an attached part of the main structure and does not utilize additional or adjoining land area other than the original parcel.
ii.
The extension does not encroach upon the lot area requirements and the maximum building height and other dimensional requirements of the zoning district in which the nonconforming use is presently located.
iii.
The extension is for the purpose of expanding the nonconforming use in existence at the time of the adoption of this chapter or amendment thereto which caused the use to become nonconforming.
iv.
Such extension does not result in an increase in total floor area or lot use area of more than 25% of the floor area or lot area as the same existed at the time of adoption of this chapter or amendment thereto which caused the use to become nonconforming.
v.
Adequate parking can be provided in conformance with this chapter to serve both the original plus expanded use.
vi.
Such expansion does not present a threat to the health or safety of the community or its residents.
b.
This subsection shall not apply to signs.
3.
Damage and reconstruction. Any structure which houses a nonconforming use which is damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is initiated and completed within one year of such casualty and if the restored structure has no greater lot coverage and contains no greater cubic content than before such casualty.
4.
Abandonment. In the event that any nonconforming use conducted in a structure or on a lot is abandoned for a period of 12 consecutive months or longer, such nonconforming use shall be deemed to be abandoned and shall not be resumed. Once the nonconforming use is abandoned, the building or structure and/or lot shall not be used except in conformance with the regulations of the zoning district in which it is located.
§ 112-1202 Nonconforming structures.
The following shall apply to all nonconforming structures, as defined by this chapter, in all zoning districts:
1.
Continuation. A nonconforming structure may be sold or otherwise transferred to other owners or may be continued.
2.
Structural alteration. No such structure may be enlarged or structurally altered in a way that increases its nonconformity.
3.
Damage or destruction. Any nonconforming structure which has been partially or completely damaged or destroyed by fire or other accident or act of God may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the zoning district in which the structure is located, provided that the repair or reconstruction and reoccupancy of the structure is initiated and completed within one year of the date of such casualty.
4.
Moving. Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the requirements of the zoning district in which it is located.
5.
Signs.
a.
Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than 75% of their replacement cost at the time of destruction shall not be reconstructed except in conformity with the provisions of this article.
b.
Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of sign face shall be permitted.
§ 112-1203 Nonconforming lots.
The following shall apply to all nonconforming lots, as defined by this chapter, in any zoning district:
1.
Where two or more adjacent lots of record with continuous frontage have less than the required area and width and are held by one owner, the lots shall be considered to be an undivided lot for the purpose of complying with this article. No division of any lot shall be made which does not comply with the requirements of this article.
2.
Any lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be developed in accordance with the requirements of the zoning district of the lot of record.
3.
Where structures exist on adjacent nonconforming lots of record which have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards of the adjacent developed nonconforming lots which are in the same block on the same side of the street and in the same recorded plan as the undeveloped lot. Private garages, storage sheds, swimming pools and similar structures shall be located to the rear of the permitted principal structure and may be permitted in the rear yard, provided that they are no closer than 10 feet from the rear property line and are not located on any easements or rights-of-way.
§ 112-1204 Continuation.
Subject to the provisions of this article, a nonconforming lot, nonconforming structure or nonconforming use may be continued even though such does not conform with the provisions of these regulations for the district in which it is located. The Zoning Officer may keep and maintain a list of all nonconforming lots, structures or uses existing at the time of the passage of this chapter, its predecessors or amendments thereto, and which may come to exist in the future.