Montgomery Lycoming County
City Zoning Code
City Zoning Code
ARTICLE XV
Nonconformities
§ 475-102 Nonconforming structures.
Any nonconforming use or structure legally existing at the time of the adoption of this chapter may be continued, altered, reconstructed, changed, sold, or maintained even though it does not conform to the regulations of the district in which it is located, as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed. The Codes Enforcement Officer may identify and register the nonconforming uses and structures existing as of the effective date of this chapter, in order to determine the right to continue said use.
§ 475-103 Nonconforming structure alternatives.
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use. If the building is damaged by fire, flood, or other natural causes, it may be reconstructed, restored, or used as before, provided that:
A.
Work shall commence within one year of the damage.
B.
Reconstruction shall not exceed the size, bulk, and area that existed prior to the damage, unless approved by the Zoning Hearing Board.
C.
If the nonconformity is located within the one-hundred-year floodplain, new construction shall comply with all of the floodproofing requirements contained Chapter 218, Floodplain Management.
D.
If the nonconformity is located within the floodplain, reconstruction may not cause any increase in elevation of the one-hundred-year flood.
§ 475-104 Abandonment.
If any nonconforming use or structure is abandoned for a period of one year, the future use of such building or land shall be in conformity with the district regulations.
§ 475-105 Extension, alterations, additions.
Extension, alterations, and additions may be made to nonconforming structures or uses, provided that they do not extend the use or structure by more than 50% of the area occupied by such use at the effective date of this chapter; the Zoning Hearing Board approves such proposed expansion; and provided further that any extensions shall conform to the regulations of the district in which it is situated and, in the case of a nonconforming use, be immediately adjacent to the existing nonconforming use.
§ 475-106 Restoration.
A nonconforming structure which has been damaged or destroyed by fire or other causes to an extent of not more than 75% of its market value or a nonconforming structure which has been condemned may be reconstructed, provided:
§ 475-107 Nonconforming uses.
For nonconforming uses whose normal operations involve natural expansion, expansion shall be permitted by right up to 50% of the volume or area of the nonconformity. For expansion beyond 50%, a special exception shall be required from the Zoning Hearing Board.
§ 475-108 Nonconforming classifications.
A nonconforming use of a building or land may be changed to a nonconforming use of the same or a more restricted classification. Whenever a nonconforming use of a building or land has been changed to use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
§ 475-109 Nonconforming lots.
A.
Any nonconforming lot legally existing at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter may be continued and/or maintained even though it does not conform to the regulations of the district in which it is located. It is not the intent of this chapter to be overly restrictive or to cause a hardship for any property owner, but rather to allow these nonconforming lots to continue until they are eliminated as single entities, possibly through the addition of such lots to adjacent property.
B.
In the case of a lot of record which existed at the effective date of this chapter which does not meet the minimum area requirements for the district in which it is located, a permitted structure may be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to form a conforming lot.
(2)
Each side yard is not less than five feet when adjoining another lot and 10 feet when adjacent to any street.
(3)
The rear yard is not less than 10 feet.
(4)
The front yard conforms to the minimum distance required.
(5)
The site and its intended use complies with all other applicable provisions of this chapter.
§ 475-110 Delinquent properties.
If the Borough or county acquires title to any property by reason of tax delinquency and such property is not redeemed and is sold as provided by law, the future use of such property shall be in conformity with all provisions of this chapter.
§ 475-111 List of nonconforming uses.
A.
Immediately after passage of this chapter or any amendment thereto, the Codes Enforcement Officer may prepare a complete list of all nonconforming uses existing at the time of the adoption of this chapter. The list shall contain the names and addresses of the owner(s), any occupancy other than the owner, and the nature and extent of the nonconforming use.
B.
If a list of nonconforming uses is prepared, owners of lots occupied by a nonconforming use shall secure a certificate of nonconformance from the Codes Enforcement Officer. Such certificate ensures the owner the right to continue the nonconforming use. Property owners may apply to the Codes Enforcement Officer for certificates of nonconformance within 90 days of passage of this chapter or of the amendment creating the nonconformity.
C.
The list of nonconforming uses shall be filed with the Zoning Hearing Board and in the Office of the Lycoming County Recorder of Deeds. The list may be corrected yearly, as needed.