Hummelstown City Zoning Code
PART 16
NONCONFORMING BUILDINGS AND USES
§ 27-1601 Continuation.
[Ord. 88-7, 5/12/1988]
The Zoning Officer shall identify and register all of the premises occupied by a lawful nonconforming use or building existing at the effective date of this chapter and issue a Certificate of Nonconformance which shall be for the purpose of insuring to the owner the right to continue a nonconforming building or use.
§ 27-1602 Alterations.
[Ord. 88-7, 5/12/1988]
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use; providing such alterations and repairs are in conformance with the regulations set forth in this chapter and other applicable codes and ordinances adopted by the Borough.
§ 27-1603 Extensions or Enlargements.
[Ord. 88-7, 5/12/1988]
1.
The types of extensions and enlargements listed below are permitted for nonconforming uses and buildings existing on the effective date of this chapter:
A.
The extension of a nonconforming use of land upon a lot occupied by such use.
B.
The extension or enlargement of a conforming building occupied by a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
D.
The extension or enlargement of a nonconforming building occupied by a conforming use.
2.
The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:
A.
The extension or enlargement shall conform to the height, area, yard, and coverage regulations of the district in which it is located. Where a structure is nonconforming as to a required side yard or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project further into any yard, whether front, side or rear yard, than the original building line extended. Extension or enlargement shall not exceed 33 1/3% of the existing floor area or use.
B.
The entire building or use shall be provided with off-street parking and loading spaces as required by Part 17, herein.
C.
The extension or enlargement does not replace a conforming use.
D.
The extension or enlargement of a building used for a non-conforming use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel of land existing and occupied on the effective date of this chapter, where such vacant parcels have been recorded separately or acquired following the effective date of this chapter.
E.
Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character upon approval by special exception by the Zoning Hearing Board. The applicant shall satisfactorily prove to the Zoning Hearing Board that the proposed change in nonconforming use will not increase the need for off-street parking, produce any noise, glare, heat, dust, traffic vibration, or illumination in excess of the existing nonconforming use.
3.
In addition to the above general conditions, extensions or enlargements of nonconforming uses or buildings used for the storage of flammable and combustible liquids; the handling, processing and storage of hazardous substances; and the temporary and permanent storage of hazardous wastes shall be subject to the following special conditions:
A.
The existing nonconforming use shall not be changed to a different nonconforming use, unless the proposed use is one not defined in Part 14, § 27-1401, Subsection 1A(18).
B.
No such nonconforming use or structure shall be altered or extended except if such complies with the following criteria and standards.
(1)
To provide for a natural expansion which is not detrimental to the public health, safety, and general welfare, provided such expansion does not exceed 10% of the existing floor area of all structures or 10% of lot area.
(2)
Provided such does not constitute the addition of a new nonconforming use or structure;
(3)
Provided such does not decrease yards below the minimum building setback requirements; and
(4)
Provided that the alteration or extension meet the district or use regulations for such use or structure as if same were being altered or extended in the district where such use is permitted.
§ 27-1604 Reconstruction/Restoration.
[Ord. 88-7, 5/12/1988; as amended by Ord. 2013-2, 4/18/2013, § 1]
A nonconforming building or use which is damaged by fire, explosion, windstorm or other natural or criminal acts, may be reconstructed and used for the same purposes, provided that:
1.
The reconstruction and/or restoration of the building is commenced within one year from the date of occurrence of the damage and is carried to completion without undue delay.
2.
The reconstructed building or occupied area does not exceed the height, area, and volume of the original structure and occupied use.
§ 27-1605 Discontinuance.
[Ord. 88-7, 5/12/1988]
If a nonconforming use or building ceases operations for a continuous period of more than 18 months, then such use and any subsequent use or building shall conform to the regulations of this chapter.
§ 27-1606 Nonconforming Signs.
[Ord. 88-7, 5/12/1988]
Signs in existence at the effective date of this chapter or amendments thereto, may be continued subject to the regulations contained in § 27-1605 above and in Part 18, herein.
