Jonestown City Zoning Code
PART 14
NONCONFORMITIES
§ 27-1401 Intent.
[Ord. 2-1991, 3/12/1991]
Within each zoning district established by this chapter or its amendments there exist:
1.
Lot;
2.
Uses of land;
3.
Structures;
4.
Uses of structures or of land and structures in combination which were lawful prior to the enactment or amendment of this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter, and which are hereinafter referred to as nonconforming. It is the intent of this Part to allow these nonconformities to remain or continue until they are brought into compliance. It is further the intent of this Part that: (1) the presence of existing nonconformities does not constitute grounds for the addition of structures or uses in the same district which are not permissible by right; and (2) extension or enlargement of a nonconforming use by the addition of uses not normally accessory to the existing nonconforming use is not permissible.
5.
Nonconforming uses are declared by this Part to be incompatible with the permitted uses of a district. A nonconforming use of structures, land, or structure and land in combination may be extended or enlarged only as provided herein.
6.
To avoid undue hardship, nothing in this Part shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this chapter and upon which actual construction has been carried on diligently. Additionally, where excavation, demolition, or removal of an existing structure has begun preparatory to rebuilding, such activities shall be deemed actual construction provided that work is carried on diligently.
§ 27-1402 Nonconforming Lots of Record.
[Ord. 2-1991, 3/12/1991]
1.
Following the effective date of this chapter, a permissible principle structure and customary accessory structures may be erected upon a single nonconforming lot of record. The lot may be used even if deficient in the area or width or both, and it must be in separate ownership from adjoining lots. Compliance with other requirements of this chapter is not exempted.
2.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Borough Council and are on record in the office of the Recorder of Deeds of Lebanon County for no more than three years before the date of adoption of this chapter, such lots may be developed, as recorded, provided that yard dimensions and requirements other than those applying to area or width shall conform to the regulations for the district in which such lots are located.
3.
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Borough Council and are on record in the office of the Recorder of Deeds of Lebanon County for more than three years before the date of adoption of this chapter, such lots may be developed provided that:
A.
The lot area and lot width of all lots is 75% or more of the required lot area and width.
B.
All yard, lot coverage, and other applicable requirements of the district can be satisfied.
C.
Contiguous nonconforming lots which cannot satisfy requirements of (A) and (B) of this subsection shall be combined, enlarged or resubdivided to satisfy requirements (A) and (B).
4.
No portion of a nonconforming lot shall be sold or used in a manner which further diminishes compliance with the lot area and lot width requirements of this chapter, nor shall a portion of a conforming lot be sold or used in a manner which creates a nonconforming lot.
§ 27-1403 Nonconforming Uses of Land.
[Ord. 2-1991, 3/12/1991]
1.
Where lawful use of land exists at the date of enactment of this chapter which would not be permitted by the regulations imposed by this chapter, and where such use involves no principal structure, the use may be continued, provided that:
A.
No such nonconforming use of land may be resumed if it has been: (1) abandoned as indicated by the removal of all or substantially all physical evidence of its existence; (2) abandoned by discontinuance for a period of one year as indicated by the lack of discernible activity at the premises and the failure of the proprietor to display documentation satisfactory to the zoning administrator that the use is active; (3) superseded by the presence of another activity allowed in the district whether or not required to be issued a permit. The use is formally abandoned when so declared to the owner and proprietor by written notice from the zoning administrator.
B.
The use may not be expanded by the erection of a principal structure if none was present on the date of adoption of this chapter.
C.
No valid nonconforming use of land may be expanded across lot or tract lines or across street right-of-way lines onto other lands of the proprietor after the enactment of this chapter.
§ 27-1404 Nonconforming Structures.
[Ord. 2-1991, 3/12/1991]
1.
A lawful structure existing at the effective date of adoption of this chapter that could not otherwise be built due to restrictions on lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, may remain, subject to the following provisions:
A.
A structure may be enlarged or extended to continue an existing, established nonconforming building line provided the addition conforms to other applicable yard, lot coverage, and height requirements as found herein.
B.
A nonconforming structure or portion thereof may be extended along established, existing building lines provided:
(1)
The extension meets all other applicable yard, lot coverage, and height regulations.
(2)
Extension or enlargement along the nonconforming setback line shall be limited to a maximum 50% increase of the area of land covered by the portion of the structure which is in a nonconforming position. Extension or enlargement in a conforming manner is not subject to the 50% limitation. No permit may be issued for any extension that causes the nonconforming structure to become more nonconforming.
C.
A nonconforming structures which has been damaged or destroyed by any means may be repaired or reconstructed provided:
(1)
The rebuilt structure is unchanged from its original size or location, or is less nonconforming than the original structure.
(2)
Repair or reconstruction is commenced within one year from the date of damage or destruction and completed within 18 months. Failure to repair or reconstruct with the above period shall result in loss of nonconforming rights, and any successive structure shall conform with all applicable ordinance requirements.
D.
Should a nonconforming structure be moved for any reason the following apply:
§ 27-1405 Nonconforming Uses of Structures or Land and Structures in Combination.
[Ord. 2-1991, 3/12/1991]
1.
If lawful use involving principal structures or land and structures in combination exists at the effective date of adoption of this chapter, the use may be continued so long as it remains otherwise lawful, subject to the following:
A.
Abandonment of a nonconforming use of a structure (or a land/structure) ends that nonconforming status so that the nonconforming use of record may not thereafter be re-established. Successive uses of the premises are required to conform to pertinent regulations herein. Abandonment is deemed to occur when the nonconforming use is: (1) superseded by another use, the owner's intent to abandon being taken by such action regardless of whether procedures prescribed by this chapter were begun; (2) ceased by a discontinuance of the use for a period of one year as evidenced by but not limited to the following characteristics documented at the beginning and throughout the year of observing the premises: (a) removal of signs, (b) building fallen into disrepair, (c) failure to meet tax obligations, (d) lack of discernible activity on the premises as compared to the activity on premises of similar use, and, (e) failure to supply supporting information to the zoning officer to document ongoing activity in the nonconforming use.
B.
Enlargement of either the structure containing the nonconforming use or the land used in conjunction with the use is limited to the lot or tract upon which the use is located, or another lot or tract which: (1) is contiguous to the lot where the nonconforming use is located; (2) is now and has been held in the same ownership as the lot where the nonconforming use is located since prior to the enactment of this chapter; (3) does not contain a principal use; (4) is not separated form the lot where the nonconforming use is located by a street right-of-way.
C.
Any nonconforming use of a structure (or land and structure in combination) may, as a special exception, be changed to another nonconforming use provided the Zoning Hearing Board finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
D.
Where valid nonconforming status applies to the use of a structure (or land and structure in combination), the owner's willful and voluntary destruction of that structure revokes the nonconforming status, and it may be resumed. A structure destroyed or damaged by causes, none or which are not the voluntary actions of the owner, may be replaced or restored within one year of the damage.
§ 27-1406 Classification of Pre-Existing Uses Listed As Special Exceptions.
[Ord. 2-1991, 3/12/1991]
A use which is present at the enactment of this chapter and which is permissible as a special exception in its district is hereafter classifiable as a permitted use. Where express conditions and criteria are attached to the approval of such use as a special exception, the same are necessary for any change, expansion, or enlargement as part of the permit review process.
§ 27-1407 Nonconforming Signs.
[Ord. 2-1991, 3/12/1991]
A sign erected, constructed, replaced, altered, enlarged, or relocated before the effective date of this chapter which does not conform to applicable standards of this chapter is a nonconforming sign. Following the effective date of this chapter, no work may be done to the sign unless it conforms to pertinent requirements of the sign regulations in this chapter.