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Montgomery Lycoming County
City Zoning Code

ARTICLE VI

Nonconforming Building and Uses.

§ 475-50 Applicability of regulations.

All lawful uses of land or of a building, sign, or other structure existing on the effective date of this chapter may be continued, altered, reconstructed, changed, sold, or maintained, even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, provided such nonconforming conditions shall comply with the following.

§ 475-51 Registration of nonconforming uses and structures.

A. 
The Codes Enforcement Officer shall identify and register all nonconforming uses and nonconforming structures. Evidence of such registration, upon request, shall be provided to the owner of record of any nonconforming use or nonconforming structure in the form of a certificate of nonconformance issued by the municipality. The nature of the nonconformity shall be described and made a matter of public record.
B. 
Business identification signs. Nonconforming business identification signs on existing nonconforming uses may be continued and maintained, provided that such signs shall conform to the general regulations for all signs in Article VII, § 475-59.

§ 475-52 Alterations.

A. 
Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.
B. 
A nonconforming building which is damaged by fire, explosion or Act of God may be rebuilt and used for the same purpose, provided that:
(1) 
The reconstruction of the building is commenced within one year from the date of the destruction of the building and is carried to completion without undue delay.
(2) 
The reconstructed building shall comply with the area regulations of the district in which it is located.

§ 475-53 Extensions or enlargements.

The Borough Council may authorize as a conditional use the following types of extensions and enlargement for nonconforming uses and buildings existing on the effective date of this chapter:
A. 
The extension of a nonconforming use of land upon a lot occupied by such use.
B. 
The extension or enlargement of a conforming building occupied by a nonconforming use by not more than 50% of the gross first floor area.
C. 
The extension or enlargement of a nonconforming building occupied by a nonconforming use by not more than 50% of the gross first floor area.
D. 
The extension or enlargement of a nonconforming building occupied by a conforming use by not more than 50% of the gross first floor area.
E. 
The foregoing extensions or enlargements shall be subject to the following conditions:
(1) 
The extension or enlargement shall conform to the height and yard regulations of the district in which it is located.
(2) 
The extension or enlargement of the building or use shall be provided with off-street parking and loading spaces as required by Article VIII, Off-Street Parking.
(3) 
The extension or enlargement does not replace a conforming use.

§ 475-54 Changes of use.

The Zoning Hearing Board may authorize a nonconforming use to be changed to another nonconforming use of the same or more restricted classification, or to a conforming use, provided such use shall not hereafter be changed to a use of less restricted classification.

§ 475-55 Abandonment and discontinuance.

If a nonconforming use of a building or land ceases or is discontinued for a continuous period of one year or more, subsequent use of such building or land, including nonconforming business identification signs, shall be in conformity with the provisions of this chapter, except when the discontinuance is due to a death and the settling of the estate. In such cases, the discontinuance shall not be presumed to start until the estate is settled or a court order concerning the disposition of the estate has been entered.

§ 475-56 Nonconforming lots.

On a lot of record existing at the effective date of this chapter which does not meet the regulations for a minimum lot width and area for the district in which it is located, a building may be erected, altered or used, provided that:
A. 
On lots of less than 50 feet in width at the building line, construction or alterations may be permitted with Borough Council authorization, provided that the yard and coverage requirements for the district are complied with.
B. 
On lots of less than 50 feet in width at the building line, construction or alterations may be authorized by the Borough Council, provided that the yard and coverage requirements for the district are complied with, except that, the Codes Enforcement Officer has the authority to issue permits for utility or storage shed, private swimming pools and private garages, provided that they comply with Article III, § 475-9, Height regulations.