Matamoras City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 124-31 Purpose.
It is the purpose of this Article to limit the injurious impact of nonconforming uses and/or structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, reestablishments and extensions of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this chapter when failure to allow such alteration, reestablishment or extension would itself lead to neighborhood or district deterioration. It is further the purpose of this Article to prescribe those standards which are to be applied by the borough in determining the reasonableness of a proposal to alter, reestablish or extend a nonconforming use. The following are regulations which shall apply to the alteration, reestablishment or extension of nonconforming uses.
§ 124-32 Term defined.
A nonconforming use or building shall be a building, structure or use legally existing at the effective date of this chapter, or any amendment thereto, or a building, structure or use planned and under construction in compliance with existing laws prior to the effective date of this chapter, or any amendment thereto, and completed within a one-year period after the effective date of this chapter, or amendment thereto, and which does not conform with the use regulations of the district in which located. A building, structure or use allowed by variance in a district where it is nonconforming with any regulations of this chapter shall also be considered a nonconforming use. (See also definitions in § 124-8.)
§ 124-33 Maintenance and repair; other allowed changes.
[Amended 5-2-2006 by Ord. No. 284]
A.
Normal maintenance and repair, such as painting, replacing a roof, etc., is allowed, as well as alterations and interior renovations that do not structurally alter the building or area or result in increased use of the building or area or a different nature of use than that existing at the present time or otherwise create more incompatibility with the surrounding permitted uses.
B.
In cases where the nonconforming structure is a single-family dwelling or a two-family dwelling, or a structure accessory to a single-family or two-family dwelling, alterations and/or interior renovations that structurally alter the building are allowed, providing the Zoning Officer reviews such plans and determines that such changes do not create further nonconformity. However, a single-family dwelling or a two-family dwelling or accessory structure to those dwellings that was allowed by variance in a district where it is nonconforming with any regulations of this chapter is subject to the requirements of § 124-34 below.
§ 124-34 Changes, reestablishments and additions.
[Amended 5-2-2006 by Ord. No. 284]
All changes, reestablishments and additions to nonconforming uses and structures, excepting those identified in § 124-33, shall be considered conditional uses subject to the requirements of § 124-44 and all other applicable standards of this chapter, and permits for changes in use, reestablishment or additions shall be granted only after a determination by the borough that the following conditions will be satisfied.
A.
Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming facility excepting those types of uses outlined in Subsection B.
B.
Screening. Where the nonconforming activity is one which necessarily results in the storage of large quantities of material, supplies or products outside, the use may only be expanded if a solid fence of wood or some similar material and/or vegetative screening, not less than six (6) feet in height, is present on all sides of the immediate area in use.
C.
Yards and setbacks. No addition, change or expansion of a nonconforming use shall create further nonconformity by violation of yard and/or height regulations of the district in which it is located.
D.
Stormwater. The provisions of § 124-20M of this chapter and § 108-27 of Chapter 108, Subdivision of Land, shall apply.
E.
Parking and traffic. In no case will a change, reestablishment, addition or expansion of a nonconforming use be allowed which would result in the diversion of traffic or relocation of a driveway on the site to any point nearer a residential property or result in violation of any of the parking and unloading requirements of this chapter. If the total number of parking spaces for the site is to be increased more than twenty-five percent (25%) over those available as of the date of this chapter, the borough may require vegetative screening of the parking area from nearby residential areas.
F.
Extension onto new properties. The use may only be expanded or extended onto a new property in the district if that property is immediately adjacent to the existing location, the properties are considered as a unit and were both under the same ownership as of the effective date of this chapter and the owner has clearly exhausted the alternatives available for expansion on the existing site.
§ 124-35 Time frame for reconstruction.
A nonconforming use or structure may be reestablished or reconstructed to the same nonconformity within a period of eighteen (18) months after it has been discontinued, vacated, damaged or removed. Prior to the removal of a nonconforming use or structure in anticipation of reestablishment or reconstruction to the existing nonconformity, the owner of such use or structure shall contact the Zoning Officer so that a certificate of nonconformity may be issued prior to the removal of the nonconforming use or structure.
§ 124-36 Nonconforming lots of record.
A single-family dwelling may be erected on any existing lot of record, provided that the owner does not possess adjoining property which can be combined with the subject parcel, that no front, side or rear yard setback is less than required and that a sewage permit can be properly issued.
