Zoneomics Logo
search icon

Lancaster County Unincorporated
City Zoning Code

ARTICLE 12

- NONCONFORMING USES

12-1.- Continuation of existing uses.

12-1-1. All legal activities and uses existing on the effective date of this ordinance may be continued and expanded as herein provided.

12-1-2. If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

12-1-3. If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of the ordinance. For the purposes of this section, such seasonal and temporary uses as crop farming, aquaculture, oyster houses, oyster shucking houses, crab houses, fish and food processing activities and sawmills shall be exempted.

12-1-4. Whenever a nonconforming structure, lot or activity, has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

12-1-5. The expiration or creation of commercial uses and activities in nonconforming commercial structures erected prior to 1975 may be permitted by the issuance of a special exception.

(Ord. of 7-25-91; Ord. of 6-94; Ord. of 9-28-17(2))

12-2. - Permits.

12-2-1. All nonconforming uses shall be identified and catalogued, and zoning permits and certificates of occupancy shall be issued by the zoning administrator within one year after the adoption of this ordinance.

12-2-2. The construction or use of a nonconforming building for which a building permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is completed within two years, after the effective date of this ordinance.

(Ord. of 9-28-17(2))

12-3. - Changes in district boundaries.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. of 9-28-17(2))

12-4. - Expansion or enlargement of existing nonconforming uses.

12-4-1. The expansion or enlargement of an existing nonconforming structure or activity on property occupied on the effective date of this ordinance is permitted in accordance with the setback, yard and height regulations of the zoning district concerned, with a special exception. This provision shall not apply to signs.

12-4-2. The expansion or creation of commercial uses and activities in nonconforming commercial structures erected prior to 1975 may be permitted with a special exception.

(Ord. of 12-4-92; Ord. of 6-30-94; Ord. of 9-28-17(2))

12-5. - Nonconforming unimproved lots.

Notwithstanding any other provision of this ordinance, any unimproved lot legally of record in this county on the effective date of this ordinance may be used for residential purposes if the building to be constructed on the same shall be placed so as to meet the setback, side and rear yard lines established by this ordinance or other legal act of the board of supervisors, and subject to approval of the health official.

Where any such unimproved lot cannot meet the setback, side and rear yard lines herein established, the board of zoning appeals may consider each lot on an individual basis and may grant such variance as may be required to permit the use of such lot for residential purposes, subject to approval of the health official.

(Ord. of 9-28-17(2))

12-6. - Nonconforming junkyards.

Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance are to be considered as nonconforming uses. Within one year after the adoption of this ordinance they shall be completely screened on any side open to view from a public road by a masonry wall, by a uniformly painted solid fence, or an evergreen hedge six feet in height.

(Ord. of 9-28-17(2))