Littlestown City Zoning Code
ARTICLE VII
Nonconforming Uses Premises, Structures and Lots
§ 500-28 Statement of intent.
A.
The zoning districts established by this chapter and designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located shall be subject to certain limitations. The regulations set forth are intended to provide gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses, and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Borough.
C.
Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages, or building height, are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.
E.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment of this chapter and on which actual building construction has been diligently carried on.
§ 500-29 Nonconforming use regulations.
A.
Continuation. Lawful uses located either within a building or other structure, or part thereof, or on the land, or in combination of both, which, at the effective date of this chapter, or subsequent amendment thereto, become nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property.
B.
Alteration or enlargement of nonconforming buildings, structures or land.
(1)
In case any building or structure is proposed to be altered or reconstructed as a nonconforming use, the structure shall be confined to the dimensions of the property as existed at the time this chapter is adopted, and plans for the addition, alterations or reconstruction must be approved by the Planning Commission and Borough Council. A nonconforming use may be expanded upon an adjacent vacant property, provided that the adjacent property is no greater in area than 50% of the area of the property containing the nonconforming use.
[Amended 3-25-2008 by Ord. No. 622]
(2)
If a building or structure is conforming as to use, but nonconforming as to area and bulk regulations, or off-street parking requirements, said building or structure may be enlarged or added to, provided that the enlargement or addition complies with the area and bulk regulations and the existing building plus its addition complies with the off-street parking regulations of the district in which said building or structure is located.
(3)
No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.
(4)
Whenever a use district shall be hereafter changed, any existing nonconforming use in such changed district may be continued or changed to another nonconforming use of the same, or higher classification, provided that no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.
C.
Discontinuance. If a nonconforming use of land or building ceases operations for a continuous period of more than six months, then this shall be deemed to be an intent to abandon such use and any subsequent use of land shall conform to the regulations of this chapter.
D.
Damage or destruction.
(1)
In the event that a nonconforming use is any district is destroyed or partially destroyed by fire, explosion, or other cause, or otherwise damaged to the extent of 50% or more of either its assessed valuation (as determined from the assessment rolls effective at the date of damage or destruction) or its bulk of all buildings, structures, and other improvements on the lot, such nonconforming uses shall terminate and the lot shall thereafter be used only for conforming uses unless plans to reconstruct are submitted within six months and construction begun in 12 months after the damage occurred.
(2)
In any case, whether conforming or nonconforming, the remains of any building so destroyed must be removed from the premises within six calendar months so that the same shall not remain as a nuisance thereon.
E.
Public service corporation exception. This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by public service corporations, if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 500-30 Nonconforming lots of record.
A.
Nonconforming lots regulations. In any district in which single-family homes are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family house and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter, provided that the following requirements shall be observed:
(1)
Such lot must be in separate ownership, and not form part of a continuous frontage with other lots in the same ownership.
(2)
This provision shall apply even though such lot fails to meet requirements of area or width, or both, generally applicable in the district in which the lot is located, and a variance shall be issued by the Zoning Hearing Board, except as follows:
§ 500-31 Nonconforming signs.
Signs in existence at the effective date of this chapter or amendments thereto may be continued, subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial advertising structure, or statuary shall be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendments thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use may be continued, but the area of such sign, or signs, shall not be increased and such sign, or signs, shall not be structurally altered.
C.
Damage or destruction. In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost or replacement at the time of destruction, such sign shall not be restored or replaced.
D.
Discontinuance of signs. Whenever any use of building or structure or land or of a combination of buildings, structures and land ceases, all signs accessory to which use shall be deemed to become nonconforming and shall be removed within six calendar months.
§ 500-32 Registration of nonconformity.
A.
Registration of nonconforming uses, buildings, lots and signs. In order to administer this chapter, the Zoning Officer shall prepare immediately after the adoption of this chapter, a complete list of all nonconforming uses, buildings, lots and signs then in existence.