Kutztown City Zoning Code
ARTICLE VI
Nonconforming Lots, Uses, Structures and Buildings
§ 225-34 Statement of intent.
A.
Within the districts established by this chapter or subsequent amendments thereto, there exist 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 subsequent 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 or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and on which building construction has been diligently carried on in conformity with § 225-43B of this chapter.
§ 225-35 Nonconforming lots of record.
A.
Except as hereinafter provided for in this section, structures or buildings and uses permitted in the district may be erected or established on any nonconforming lot, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are applicable in the district, provided that yard requirements, other than those applying to area or width, or both, shall conform to the requirements of the district in which the lot is located.
B.
In those districts requiring different minimum lot requirements for different permitted uses, when a nonconforming lot does not comply with any minimum lot requirements for the district in which the lot is located, then only the use which requires the minimum deviation from the existing nonconforming lot dimensions may be used by right under this provision. Any other use on a nonconforming lot or any variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
C.
If two or more lots, combination of lots and 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 does 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, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and/or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width and/or area below the requirements stated in this chapter. No division of any parcel shall be made which creates a lot with a width or area below the requirements stated in this chapter, as from time to time amended.
D.
When an application for approval of a subdivision, whether preliminary or final, has been approved, or approved subject to conditions acceptable to the applicant, no subsequent amendment to this chapter shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved subdivision in accordance with the terms of such approval within five years of such approval. When final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval.
§ 225-36 Nonconforming uses of land.
Lawful use of land which at the effective date of this chapter or as a result of subsequent amendments thereto becomes nonconforming, and when such use involves no individual structure or building with a replacement cost exceeding $1,000, may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following provisions:
A.
Extension. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was owned or leased by the user at the effective date of adoption or amendment of this chapter; provided, however, that no extension of a nonconforming use of land shall exceed 50% of the area occupied by said nonconforming use of land at the time such nonconforming use of land became nonconforming.
B.
Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months, such use shall not thereafter be reestablished. Any further use shall be in conformity with the provisions of this chapter.
C.
Changes 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, by special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use.
D.
Additional structures or buildings. No additional structures or buildings shall be erected in connection with such nonconforming use of land.
§ 225-37 Nonconforming structures or buildings.
A structure or building which at the effective date of this chapter or subsequent amendments thereto becomes nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the building or structure may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following provisions:
A.
Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or building or portion thereof may be altered to decrease its nonconformity.
B.
Damage or destruction.
[Amended 7-20-2006 by Ord. No. 14-2006; 6-16-2015 by Ord. No. 4-2015]
(1)
Any nonconforming building or structure which is totally or partially destroyed by any means may not be rebuilt, unless said structure or building is reconstructed pursuant to the requirements herein below set forth.
(2)
A nonconforming building or structure which is partially destroyed by any means may be reconstructed as long as the basic structural elements of the original building are retained. Such determination shall be made by the Borough Building Code Official. The reconstructed portions of a nonconforming building or structure shall not increase the nonconformity with the zoning district in which it is located.
(3)
A nonconforming building or structure which is totally destroyed by fire, explosion, acts of God or acts of the public enemy shall be permitted to be reconstructed pursuant to the following provisions:
(a)
The reconstruction of the nonconforming building or structure shall begin within one year of the destruction of said building or structure and continue uninterrupted until such building or structure is completely rebuilt.
(b)
The reconstruction of the building or structure will not increase the nonconformity of the building or structure from the way it existed before it was destroyed.
(c)
Based on plans and evidence submitted to the Building Code Official and the Zoning Officer, the size, architecture and design of the reconstructed building or structure is not appreciably changed from the way it existed before it was destroyed.
(d)
Unless the building or structure is determined to be a significant building that could be reconstructed under the Historic Building Code or is otherwise determined by the Building Official, the structure shall meet the current Uniform Construction Code requirements in place at the time that a building permit for the reconstruction of the building or structure is sought.
C.
Moving of structure or building. No nonconforming structure or building shall be, for any reason, moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.
§ 225-38 Nonconforming uses of structures or buildings.
Lawful uses of structures or buildings, which uses at the effective date of this chapter or as a result of subsequent amendments thereto become nonconforming, may be continued so long as such use remains otherwise lawful, subject to the following provisions:
A.
Extension. A nonconforming use may be extended throughout any part of an existing structure or building or a new addition may be constructed, provided that any extension or addition shall comply with all provisions of this chapter with respect to height, area, width, yard and lot coverage requirements for the district in which the structure or building is located and that such addition shall not exceed 50% of the gross floor area of the existing building or structure.
B.
Change 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, by special exception, be changed to another nonconforming use, provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a structure or building or portion thereof has been discontinued or abandoned for 12 consecutive months, such structure or building or portion thereof shall not thereafter be used for a nonconforming use.
D.
Removal, destruction or renovation.
[Amended 6-16-2015 by Ord. No. 4-2015]
(1)
Any building or structure which is totally or partially destroyed by any means may not be rebuilt and used for a nonconforming use, unless said structure or building is reconstructed pursuant to the requirements herein below set forth.
(2)
A building or structure in which a non-conforming use exists which is partially destroyed by any means may be reconstructed and used for the same nonconforming use as long as the basic structural elements of the original building or structure are retained. Such determination shall be made by the Borough Building Code Official. The reconstructed portions of the building or structure shall not increase the nonconforming use of the building or structure with the zoning district in which it is located.
(3)
A nonconforming building or structure which is totally destroyed by fire, explosion, acts of God or acts of the public enemy shall be permitted to be reconstructed pursuant to the following provisions:
(a)
The reconstruction of the building or structure shall begin within one year of the destruction of said building or structure and continue uninterrupted until such building or structure is completely rebuilt.
(b)
The reconstruction of the building or structure will not increase the nonconformity of the building or structure from the way it existed before it was destroyed.
(c)
Based on plans and evidence submitted to the Building Code Official and the Zoning Officer, the size, architecture and design of the reconstructed building or structure is not appreciably changed from the way it existed before it was destroyed.
(d)
Unless the building or structure is determined to be a significant building that could be reconstructed under the Historic Building Code or is otherwise determined by the Building Official, the structure shall meet the current Uniform Construction Code requirements in place at the time that a building permit for the reconstruction of the building or structure is sought.
§ 225-39 Nonconformance parking requirements.
[Amended 3-26-1996 by Ord. No. 3-1996; 7-20-2006 by Ord. No. 14-2006]
Notwithstanding any other provisions of this chapter, where § 225-29 of this chapter requires a certain minimum number of off-street parking spaces for a particular use, then the use, whether permitted or nonconforming, shall not be enlarged or expanded unless the required number of parking spaces is provided for such use. Whenever the use is changed, § 225-29 shall apply to such new use.
§ 225-40 Unsafe or unlawful structures or buildings.
If a nonconforming structure or building or portion thereof becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by the Code Enforcement Officer of the Borough or any other duly authorized official to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
§ 225-41 Special exception uses not deemed nonconforming uses.
Any use which is permitted as a special exception in a 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 district but shall without further action be considered a conforming use.