Kenhorst City Zoning Code
ARTICLE VI
Nonconformities
§ 475-72 Application and intent.
A.
Within the zoning districts established by this chapter or subsequent amendments thereto, there exists or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations, although such nonconformities would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto.
B.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which actual building construction has been diligently carried on.
§ 475-73 Nonconforming lots of record.
A.
Any lot shown on a recorded subdivision plan on the effective date of this chapter or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for a use permitted by use regulations of that district; provided, that all yard, height, coverage and open space requirements of the zoning district shall be met; provided, however, that when a subdivider has had an application for approval of a preliminary or final subdivision plan approved prior to the effective date of this chapter, no provision and/or regulation in this chapter shall be applied to affect adversely the right of the subdivider to commence and complete any aspect of the approved preliminary or final plan within such time periods as are established within the Pennsylvania Municipalities Planning Code (Act 247, as amended).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Any lot held in single and separate ownership on the effective date of this chapter or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district; provided, that all yard, height, coverage and open space requirements of the district are met; provided, however, that if two or more lots, combination of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this chapter.
C.
No portion of any lot or tract of land shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this chapter; nor shall any division of any parcel be made which creates a lot with width or area below the requirements which are stated within this chapter.
§ 475-74 Nonconforming uses of land.
Lawful uses of land, which at the effective date of this chapter or subsequent amendment thereto become nonconforming, such nonconforming use or uses may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the provision listed with the following subsections:
A.
Extension. A nonconforming land use shall not be enlarged, increased and/or extended in order to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be reestablished, except if the owner of such property files, within 30 days of date of discontinuance, a certificate of intention to maintain such use. If such certificate is filed, the time period which a nonconforming use may be discontinued and still be reestablished shall be extended by a twelve-month period.
C.
Changes or moving of use. A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may be changed to a conforming use or to a nonconforming use of a less offensive nature. A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such at the effective date of adoption or amendment of this chapter.
D.
Additional structures. No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
§ 475-75 Nonconforming structures or buildings.
Lawful nonconforming structures or buildings which at the effective date of this chapter or subsequent amendment thereto become nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the building or structures, may be continued as long as they remain otherwise lawful, subject to the provisions listed in the following subsections:
A.
Enlargement.
(1)
A nonconforming use, building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of the enactment of this chapter.
(2)
A nonconforming building or structure shall not be enlarged, increased, repaired, maintained or modified in any manner which will further violate any applicable area, yard, and height regulation imposed by this chapter, except that a principal building which existed at the effective date of this chapter which is nonconforming as to a yard requirement may have repairs, improvements, modifications and/or additions made to those portions of the building located within the required yard; provided, that no repair, improvement, modification and/or addition shall be made which will cause any part of the building to project into the yard farther than the building did at the effective date of this chapter.
(3)
Total future expansion of a nonconforming use shall not exceed 50% of the area occupied by the use at the time of the effective date of this chapter.
B.
Damage or destruction. A nonconforming building or structure which has been damaged by fire, explosion, accident and/or calamity may be reconstructed and used for the same nonconforming use; provided, that the reconstructed building or structure does not exceed the area, volume and height of the destroyed buildings or structure. In addition, building reconstruction shall be started within one year from the date the building or structure was destroyed and shall be carried through without interruption.
C.
Moving of structure. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the regulations for the district in which it is located after it is moved.
§ 475-76 Nonconforming use of structures or buildings or of buildings and land in combination.
Lawful nonconforming structures or buildings, or structures or buildings and land in combination, which exist at the effective date of this chapter or subsequent amendments thereto, that would not be allowed under the terms of this chapter, may be continued so long as it remains otherwise lawful, subject to the provisions listed under the following subsections:
A.
Enlargement.
(1)
An existing structure devoted to a use not permitted by this chapter in the district where it is located may be enlarged, extended, constructed, reconstructed or structurally altered up to, but not more than, 25% of its floor and/or use area as it existed at the time of the passage of this chapter or subsequent amendment; provided, that the lot or lost upon which the nonconforming structure is situated where in single ownership or long-term lease and purchased or leased prior to the enactment or amending of this chapter.
(2)
Any enlargement, extension, construction, reconstruction or structural alteration must conform to all other regulations of the district in which it is located. This provision may be used only once for each nonconforming structure.
(3)
Any nonconforming use may be extended throughout the building which was in use for the nonconforming use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building unless provided for under this section.
B.
Change of use. A nonconforming use of a structure, or premises and structure, may be changed to another nonconforming use; provided, that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Such determination shall be made by a special exception granted from the Zoning Hearing Board, which shall take into consideration, among other things, the intent of the provisions for the district.
C.
Discontinuance. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter comply with the regulations for the district and the nonconforming use may not thereafter be resumed. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.
D.
Destruction. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land and use. "Destruction," for the purpose of this subsection, is defined as damage to an extent of more than 75% of the market value at the time of destruction.
§ 475-77 Unsafe or unlawful structures.
If a nonconforming structure or building or portions thereof containing a nonconforming use becomes physically unsafe due to lack of repairs and maintenance and is declared by an duly authorized official appointed by the Board of Borough Council to be unsafe by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.
§ 475-78 Permitted special exception uses.
Any use which is permitted as a special exception in a zoning district under the terms of this chapter (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use) shall not be deemed a nonconforming use in such zoning district, but shall, without further action, be considered a conforming use.
§ 475-79 Registration of nonconformities.
To facilitate the administration of this chapter, the property owner shall inform the Borough Zoning Officer, or the person or firm designated by Borough Council, as to the status of nonconforming uses, structures and buildings. The burden of proof that the use, lot, structure or building is a nonconformity shall be the responsibility of the property owner. All known nonconformities shall be a matter of public record and shall constitute sufficient notice and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
§ 475-80 Certification of intention.
A.
A certificate of intention shall be required in all instances where a nonconforming use of land or nonconforming use of a structure or building is discontinued if the owner or operator of such uses desires to maintain such a nonconforming use.
B.
The Zoning Officer or the person or firm designated by Borough Council shall maintain proper forms for the registration of any certificate of intention. It shall be incumbent upon the owner or applicant to file such a form with the Zoning Officer or the person or firm designated by Borough Council. The filing of such form shall be considered a ministerial duty of the Zoning Officer or the person or firm designated by Borough Council, who shall not refuse to accept the completed form.
C.
The Zoning Officer or the person or firm designated by Borough Council shall maintain a record of all certificates of intention.
D.
Each certificate of intention shall be valid for three years.