Honesdale City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 210-25.1 Purpose of article.
It is the purpose of this article to limit the injurious impact of nonconforming uses, lots and structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this chapter, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration. It is further the purpose of this article to prescribe those standards which are to be applied by the Borough in determining the reasonableness of a proposal to alter, continue or extend a nonconforming use, lot, or structure. The following are regulations which shall apply to the alteration, continuation or extension of nonconforming uses, lots or structures.
§ 210-26 Normal maintenance and repair activities and minor additions.
[Amended 11-1-2021 by Ord. No. 709]
Normal maintenance and repair activities, such as painting, replacing a roof, etc., are permitted, as well as minor alterations and interior renovations that do not structurally alter the habitable portion of any principal building, or result in a different nature of use than currently existing. Improvements made for safety and accessibility, such as ramps, lifts, vestibules, canopies, and other entryway/ exit changes shall be considered such minor additions and improvements and may be permitted under accessory use standards.
§ 210-27 Changes and additions.
[Amended 11-1-2021 by Ord. No. 709]
All changes and additions to nonconforming uses, lots, or structures, except for accessory uses customary to the principal use and those minor additions and improvements identified in § 210-26 and otherwise provided for above, shall be considered conditional uses, and permits for alterations, changes in use or additions shall be granted only after a determination by the Borough Council that the following conditions have been, or will be, satisfied:
A.
Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming structure or lot, or a nonconforming use, excepting those types of uses outlined in § 210-27B below.
B.
Screening. Where the nonconforming use is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a wood products manufacturer, vehicle and equipment sales or similar operation), the use may only be expanded if a solid fence of wood and/or a dense evergreen screen, not less than six feet in height, is present on all sides of the immediate area in use. Stored material shall not exceed the height of the screening material and nine feet at the maximum.
C.
Yards and setbacks. No addition, change or expansion of a nonconforming use or structure shall further violate setback and/or height regulations of the district in which it is located, except for minor additions and improvements as provided in § 210-26 above, and further provided that front, rear and side yards of no less than five feet shall be maintained, into which no such addition or improvement is extended.
E.
Parking and traffic. In no case will a change, addition or expansion of a nonconforming use or structure be allowed which would result in the diversion of traffic, or relocation of a driveway on the site to any point nearer a residential property, or result in violation of any of the parking and unloading requirements of this chapter. If the total number of parking spaces for the site is to be increased more than 25% over those available as of the date of this chapter, the Borough may require vegetative screening of the parking area from nearby residential areas.
F.
Extension onto other properties. The nonconforming use or structure may only be expanded or extended onto another property of record if that property is immediately adjacent to the lot on which the original structure or use was located as of the effective date of this chapter or amendments hereto; the owner has clearly exhausted the alternatives available for expansion on the existing property; the use is not one which has been altogether prohibited as a new use under this chapter and the owner has combined the affected properties into one larger lot and recorded a new deed for same by way of Chapter 183, Subdivision and Land Development.
G.
Prohibited expansions. Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Borough or is a use judged by Borough Council, with the advice of the Planning Commission, to be one similar to such a use or of such a nature as to impose health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this chapter, the requested expansion or extension shall be denied.
§ 210-28 Reestablishment.
A nonconforming use may be reestablished within a period of 12 months after it has been discontinued or vacated, with an extension in time allowable, granted by Council, where proven necessary.
§ 210-29 Restoration or reconstruction.
[Amended 11-1-2021 by Ord. No. 709]
Any nonconforming residential structure that is damaged or destroyed may be restored or reconstructed within 36 months of the date of the damage or destruction. If less than 75% of the floor area of any other nonconforming structure or use is damaged, it may be restored or reconstructed within 36 months of the date of the damage. Where more than 75% of the floor area of any nonconforming residential use is damaged, it may be restored or reconstructed as a conditional use.
§ 210-30 Existing lots of record.
[Amended 11-1-2021 by Ord. No. 709]
A structure may be erected on any existing nonconforming lot of record, providing the owner does not own adjoining property, in which case the parcels shall be considered as one for purposes of building development; no yard is reduced unless absolutely necessary and to no less than 50% of the requirement for the district in which it is located; and a sewage permit can be properly issued. All building development on such a lot shall otherwise comply with all zoning requirements.