Lock Haven City Zoning Code
ARTICLE XXI
Nonconformities
§ 410-127 Continuation of a nonconformities.
All lawful uses of land, buildings, sings, or other structures existing on the effective date of this chapter may be continued, altered, resorted, reconstructed, sold, or maintained in accordance with the provisions of this chapter, even though such uses of land, buildings, sings, or other structures do not conform to the regulations established for the zoning district in which it is located.
§ 410-128 Registration of nonconformities.
A.
Nonconforming uses and structures may be reported to the Zoning Officer by the owner, user, lessor, or lessee, and be registered by the Zoning Officer within one year of the effective date of this chapter. The Zoning Officer, upon proof of a legal nonconformity, may certify the existence of the nonconforming uses and/or structures.
B.
Should a nonconforming use or building not be reported or identified within one year, the owner of the nonconforming use or structure shall have the right to show by a preponderance of the evidence to the Zoning Officer that the use or building was nonconforming upon the effective date of this chapter.
§ 410-129 Change of nonconforming uses.
One classification of nonconforming use cannot be changed to another less restrictive use classification. Use classification, as herein described, shall mean the various zoning district classifications with residential single-family being the most restrictive and industrial the least restrictive. For example, a nonconforming use may be changed to another nonconforming use of the same or more restricted classification, but only upon approval of a special exception by the Zoning Hearing Board in accordance with Article XXIII of this chapter. Before granting a special exception for the replacement of one nonconforming use by another, the Zoning Hearing Board must determine that the proposed nonconforming use will have no more adverse effect upon adjacent property than the existing nonconforming use. In making this determination, the Board should consider particularly the effect upon adjacent property of the following:
§ 410-130 Alterations to nonconforming buildings or structures.
A.
A nonconforming building or structure may be altered, improved or repaired, provided the work does not exceed 50% of the fair market value of the building or structure as determined by the most current assessment of the Clinton County Assessor or by a private real estate broker, whichever may be greater.
B.
A nonconforming building or structure may be altered, improved or repaired in excess of 50% of the fair market value of the building or structure, but not exceeding 100% of the fair market value as determined by the most current assessment of the Clinton County Assessor or by a private real estate broker, whichever may be greater. Any alteration which exceeds 50% of the fair market value of the building shall be approved as a special exception by the Zoning Hearing Board upon a determination that the six factors enumerated under § 410-129A through F have been met.
C.
A nonconforming building or structure may be altered to the extent necessary if such alteration is intended and will result in the conversion to a conforming use.
§ 410-131 Extension or expansion.
A.
The Zoning Hearing Board may authorize as a special exception the following types of extensions, expansions, or enlargements for nonconforming use and buildings existing on the effective date of this chapter:
(1)
The extension of a nonconforming use of land upon a lot occupied by such use.
(2)
The extension or enlargement of a conforming building occupied by a nonconforming use.
(3)
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
(4)
The extension or enlargement of a nonconforming building occupied by a conforming use.
B.
In addition to the standards and procedures in Article XXIII of this chapter, regarding special exception, the applicant for the expansion or extension of nonconforming use must demonstrate compliance with the following:
(1)
Expansion confined to lot. That expansion of nonconformity be confined to the lot on which the use is located on the effective date of this chapter. The total of all such expansions or extensions shall not exceed an additional 50% of the actual area of those buildings, structures or land devoted to the nonconforming use, as they existed on the date on which such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count toward the above maximum increase.
(2)
Access, parking and loading. Provision of access drives, off-street parking and off-street loading consistent with standards required by this chapter for that newly expanded portion of the building or use.
(3)
Yards, height and building area. Provision of yards, building height and building area are consistent with the standards required for permitted uses in the zone in which the nonconforming use in question is located for that newly expanded portion of the building or use.
(4)
Appearance. That appearance is harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good condition of all improvements and open spaces.
(5)
Buffers and screens. Buffers and screens as necessary to adequately protect neighboring properties including, but not limited to, fences, walls, planting and open spaces.
(6)
Additional requirements. Such additional requirements as may be necessary to assure that the proposed expansion will not impair the use or development of neighboring properties.
§ 410-132 Restoration.
A building, damaged by fire, explosion or other casualty, and which does not comply with the use, area or height regulations of this chapter, shall not be restored, except in conformity with the regulations for the zoning district in which such building is located if said damage exceeds more than 75% of the building's fair market value (at the time of the damage) as determined by the most current assessment of the Clinton County Assessor or a private real estate broker, whichever may be greater. If said damage exceeds than 75% of the building's fair market value (at the time of damage), a variance may be issued by the Zoning Hearing Board, provided the appropriate findings of facts are made as enumerated under Article XXIII of this chapter. Any nonconforming building properly authorized for reconstruction shall not exceed the height, area or volume of the original building. This provision shall not apply to buildings located in the any floodplain area as set forth in Article XV of this chapter regarding flood damage control standards. Any such buildings located in any floodplain area as set forth in Article XV of this chapter that are damaged by fire, explosion or other casualty shall be regulated under terms of Article XV of this chapter.
§ 410-133 Repairs and maintenance of nonconformities.
A.
Notwithstanding any of the above regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any use or building, or the carrying out upon the issuance of a building permit of major structural alterations or demolitions in the interest of public safety. In granting such a building permit, the Code Enforcement Officer shall state the precise reason for such alterations.
B.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building declared unsafe by a proper authority.
§ 410-134 Abandonment and discontinuance of nonconformities.
A.
A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within one year from the date the activity stopped and the use is not actively advertised for sale or lease. Such nonconforming use shall not thereafter be reinstated except in conformance with this chapter.
B.
A nonconforming building or land, which is actively marketed, but has not been sold or leased, shall not be considered abandoned. The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.
C.
Notwithstanding any other provision in this chapter, a nonconforming use shall be considered abandoned when it has been replaced by a conforming use. No nonconforming use shall, if once changed into a conforming use, be changed thereafter to be a nonconforming use.
§ 410-135 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the illegal use of a structure or premises in violation of zoning controls in existence at the time of enactment of this chapter.
§ 410-136 District changes.
Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another zoning district of a different classification, the foregoing provisions of this article shall apply to any nonconforming uses existing therein.
§ 410-137 Construction approved prior to legal enactment of chapter.
Any permit issued prior to enactment of this chapter shall remain valid and be subject to the usual provisions concerning the time period of validity for the permit and any rights to extend the permit for a lengthier time.
§ 410-138 Nonconforming lots of record.
A.
In any zoning district, a building or use of land for a permitted principal use and customarily accessory use permitted in the applicable zoning district may be erected or conducted on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
B.
If two or more lots or combinations 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 do not meet the requirements for lot width and area in the respective zoning district, the lands 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 which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.