The purpose of this article is to provide for the regulation of nonconforming buildings, structures, lots or uses; and to specify those circumstances and conditions under which nonconforming buildings, structures, and uses may be continued or shall be eliminated.

The districts established in this article are designed to guide the future use of land in Millersville by encouraging the development of desirable residential, commercial, and industrial areas with appropriate groupings of compatible and related uses and thus promote and protect the public health, safety, and general welfare.

As a necessary corollary, in order to carry out such purposes, nonconforming uses which adversely affect the development of such areas must be subject to certain limitations. The provisions governing nonconforming uses set forth in this article are therefore established to contain the existing undesirable conditions resulting from such incompatible nonconforming uses, which are detrimental to the achievement of such purposes. While such uses are generally permitted to continue, this article is designed to restrict any expansion of such uses beyond the site which the use occupied upon the effective date of this article.

In the case of buildings or other structures not complying with bulk regulations of this article, the provisions governing non-complying buildings or other structures set forth in this article are established in order to permit the continued use of such buildings or other structures, but to limit the creation of additional noncompliance or an increase in the degree of non-compliance.

These provisions are thus design to preserve the character of the districts established in this article in light of their suitability to particular uses, and thus to promote public health, safety, and general welfare.

(Ord. No. 20-744, 6-1-2020)

(1)

Authority to continue. Any structure, lot, or use that existed as a lawful non-conformity at the time of this adoption of this article, and any building, structure, lot, or use that has been made nonconforming because of the terms of this article or its subsequent amendments, may continue subject to the provisions of this article so long as it remains otherwise lawful. A structure or use that is illegal at the time of the adoption of this article, remains illegal if it does not conform with each and every requirement of this article, as described in section 90-5(1) (existing illegal uses and structures).

(2)

Burden on property owner to establish legality. In all cases, the burden of establishing the legality of a nonconformity under the provisions of this article shall be upon the property owner of the nonconforming parcel, structure, or use.

(3)

Safety regulations. All police power regulations enacted to promote public health, safety, convenience, comfort, and general welfare including, but not limited to, all building, fire, and health codes shall apply to nonconforming structures.

(Ord. No. 20-744, 6-1-2020)

(1)

Ordinary repairs and maintenance. Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the degree of nonconformity.

(2)

Structural alterations and replacements. Structural alterations and complete replacement of any structure devoted to a nonconforming use is permitted, subject to compliance with other terms of this article.

(3)

Expansion of use. A nonconforming use of land or a structure that the nonconforming use occupies may be expanded, extended, or enlarged. Such activity shall include, without limitation:

(a)

Expansion of any structure devoted entirely to a nonconforming use.

(b)

An expansion, extension, or enlargement of a use or its accessory uses to any land area or structure on the same lot or parcel.

(c)

An expansion, extension, or enlargement of such use, including its accessory uses, within a structure or on the same lot, to any portion of the floor area or lot that was not occupied by such nonconforming use. Said expansion may also occur on an adjoining lot or parcel, but only if, at the time of adoption of this article, it was under the same ownership as the lot or parcel where the nonconforming use is located.

(4)

Relocation. A nonconforming use of land or a structure that the nonconforming use occupies shall not be relocated, in whole or in part, to any other location on the same lot or parcel. The nonconforming use may only be relocated to another lot or parcel if the use conforms to all regulations of the zoning district in which it is relocated including all use regulations.

(5)

Change of use. A nonconforming use shall not be changed to any other nonconforming use. For the purpose of this article, a use is defined as a use as listed on any single line within the tables of permitted and conditional uses within this article. For example, a nonconforming retail use may change to another nonconforming retail use, but not to a motor vehicle dealership or to an office.

When such a nonconforming use has been changed, in whole or in part, to a permitted use, the whole or part which has been made to conform may not be changed back to a use that is not permitted. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this article shall be deemed an abandonment of the previously existing lawful nonconforming use.

(6)

Discontinuation or abandonment. If a nonconforming commercial or industrial use is discontinued for a continuous period of 30 months, or the structure that the nonconforming use occupies becomes vacant and remains unoccupied for a continuous period of 30 months, or if any nonconforming residential use, including mobile or manufactured home, or other noncommercial or nonindustrial use is discontinued for a continuous period of 12 months, or the structure that it occupies becomes vacant and remains vacant for a continuous period of 12 months, such use shall be deemed to be abandoned and shall not be reestablished or resumed regardless of the intent to resume or to continue the use.

Any subsequent use or occupancy of such land or structure shall comply with all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action, acts of God, or other acts without any contributing fault by the user, shall not be included in calculating the length of discontinuance for this article.

Note: See section 90-198, nonconforming signs for issues relating to signs.

(7)

Damage or destruction. In the event that any structure and/or property that is devoted in whole or in part to a non-conforming use is damaged or destroyed, the structure and/or property may be repaired, reconstructed, or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased.

A building permit shall be obtained for such rebuilding, restoration, repair, or reconstruction of a commercial or industrial building within 30 months, and for residential and other noncommercial and non-industrial buildings, within one year of the date of damage or destruction, and construction shall be completed within one year of issuance of the building permit.

In the event that the permit is not obtained within the time limits specified above, or that repairs or restoration are not completed within one year of the issuance of the building permit, then the non-conforming use shall not be continued.

(Ord. No. 20-744, 6-1-2020)

(1)

Ordinary repairs and maintenance, structural alterations and additions. Ordinary repairs and maintenance, structural alterations and additions to nonconforming buildings and structures, including fences, are permitted. The nonconformity may remain. However, the degree of nonconformity shall not be increased.

For the purpose of this article, structural alteration may include the removal of the building down to the foundation and the re-construction or replacement of the building on the same foundation with the same nonconformity within six months of removal. The degree of nonconformity shall not be increased.

(2)

Re-construction and replacement. Nonconforming buildings and structures shall not be re-constructed or replaced except in conformity with this article, except when re-constructed or replaced on the existing foundation as a structural alteration within six months of removal as stated above.

(3)

Relocation. A nonconforming structure shall not be relocated, in whole or in part, to any other location on the same zoning lot or parcel unless it is made to comply with all terms of this article. A nonconforming structure may be relocated to another zoning lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated. (See limitations on relocating buildings.)

(4)

Damage. When a building or structure is damaged or destroyed, by any means not within the control of the property owner or tenant, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair, or reconstruction within 30 months of the date of damage or destruction, and the construction shall be completed within one year of issuance of the building permit. In the event that the building permits is not obtained within one year, or that repairs are not completed within one year of the issuance of the building permit, then the structure shall not be restored unless it conforms to all regulations of the district in which it is located. These time limits shall not apply to repair and re-construction on nonconforming lots.

(5)

Nonconforming lots of record. This article regulates lots of record which at one time were conforming, but which no longer conform to the lot area requirements of the zoning district in which they are located. Notwithstanding limitation imposed by other provisions of this article, uses allowed by this article may be established on any single non-conforming lot of record existing prior to the effective date of this article, or the date the lot of record became nonconforming. This provision shall apply even though the lot of record fails to comply with the standards for lot area and width. All other standards shall apply, including yard, lot coverage, pervious area, and parking standards.

(6)

Nonconforming signs. The provisions for nonconforming signs are contained within section 90-198 (nonconforming signs).

(Ord. No. 20-744, 6-1-2020)