Mountville City Zoning Code
PART 7
Nonconformities
§ 701 Continuation of nonconformities.
[Ord. No. 294, 9/23/2019]
1.
Unless otherwise specified in this Part 7 of this chapter, all lawful uses existing on the effective date of this chapter may be continued, altered, extended, expanded, and/or enlarged, restored, reconstructed, sold, or maintained in accordance with the provisions of this chapter.
2.
All lawful nonconforming lots of record, due to lot areas and/or dimensions, existing on the effective date of this chapter or created by an amendment to this chapter, may be continued although such lots do not conform to the lot requirements for the zoning district in which they are located.
§ 702 Registration of Nonconformities.
[Ord. No. 294, 9/23/2019]
1.
Nonconformities 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 nonconformities.
2.
Should a nonconformity not be reported or identified within one year, the owner of the nonconformity shall have the right to show by a preponderance of the evidence to the Zoning Officer that the nonconformity existed upon the effective date of this chapter.
§ 703 Existing Nonconforming Lots of Record.
[Ord. No. 294, 9/23/2019]
1.
Any existing lot of record held in sole and separate ownership different from the ownership of abutting lots may be used for the establishment of a use and/or erection of a structure which will contain a use permitted by the applicable zoning district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth in this Part 7 of this chapter.
2.
Otherwise, the following requirements apply to the development and use of a nonconforming lot.
A.
Where possible, contiguous nonconforming parcels under common ownership should be combined to create conforming lots.
B.
No provision of this chapter relating to front, side and/or rear setback requirements shall prevent the reasonable use of a nonconforming lot of record. The Zoning Officer may grant a reduction in the requirement for side and/or rear setbacks for lots of record which lack required lot width or depth. However, in no event may such setback dimensions be reduced by more than 20% of which is required without the approval of the Zoning Hearing Board.
C.
For front setback reductions for lots of record which lack required lot depth, see § 402 of this chapter relating to yard and setback exceptions and alterations.
§ 704 Existing Nonconforming Uses and Structures.
[Ord. No. 294, 9/23/2019; as amended by Ord. No. 307, 10/14/2024]
1.
Alterations and Reconstruction.
A.
Repairs, routine maintenance, and/or structural alterations not constituting an extension, expansion, and/or enlargement may be made to a nonconforming use or structure or to a structure occupied by a nonconforming use provided such repairs, maintenance, and/or structural alterations do not change the use or the exterior dimensions of the structure, building, or use.
2.
Restoration of Structure or Use.
A.
A nonconforming accessory building that is demolished and/or removed may be rebuilt and occupied for the same use as before the demolition and/or removal, provided that:
3.
Extensions, Expansions, and Enlargements.
A.
Expansion of Nonconforming Single-Family Dwelling. Where an existing nonconforming single-family dwelling exists in a zoning district that does not permit such a dwelling, expansion of a single-family detached, semidetached, or attached dwelling may occur, provided the minimum yards, maximum building height, and maximum percentage of lot coverage is in accordance with the respective requirements of the R-2 Zoning District. New and existing accessory structures and uses that are customarily incidental and subordinate to the principal use of the nonconforming single-family dwelling are permitted by right or special exception as if they were in the R-2 Zoning District, provided that they meet the criteria set forth in this chapter.
B.
The Zoning Officer may permit the extension, expansion, and/or enlargement of lawful nonconforming uses and structures if the applicant proves to the satisfaction of the Zoning Officer that all of the terms and conditions set forth below are satisfactorily addressed:
(1)
Any extension, expansion, or enlargement of a nonconforming structure or use shall be permitted as long as the maximum impervious lot coverage is not exceeded.
(2)
Any extension, expansion, or enlargement of a nonconforming structure or use shall not exceed 20% of the total gross floor area of the nonconforming structure or total gross lot area of the use (as applicable) at the time it became nonconforming.
(3)
Any extension, expansion, or enlargement shall conform to the building height, area/footprint, setback, and impervious lot coverage regulations of the zoning district in which it is located.
(a)
If an existing structure or use has a lawfully nonconforming setback, additions, and expansions may occur to increase the height above such setback or to extend other portions of the structure or use out to the nonconforming front, side, and/or rear setback line, provided that:
1)
The use or structure shall not be extended beyond the existing nonconforming setback line.
2)
No additional nonconformity shall be created.
3)
The new nonconforming extension shall not be greater than 20% of the existing floor area or lot area (as applicable).
5)
Such addition shall not be permitted for a structure proposed for use by a nonresidential use on a lot that abuts a lot with an existing permitted residential use in the residential districts.
(4)
All loading and parking spaces for any extension, expansion, or enlargement shall comply with the requirements of § 405 of this chapter.
(5)
Any extension, expansion, or enlargement of a nonconforming structure or use shall not be permitted to extend into vacant parcels of land adjacent to the parcel containing the nonconforming structure or use, where such vacant parcels have been separately recorded or acquired prior to the effective date of this chapter.
(6)
Extensions, expansions, or extensions of nonconforming signs shall be prohibited, except as provided in § 506, Nonconforming Signs.
(7)
The intensity of a nonconforming use, and resulting nuisances such as air pollution, noise, glare, vibrations, delivery traffic, hazards, etc., shall not be increased.
§ 705 Change of Nonconforming Use.
[Ord. No. 294, 9/23/2019]
1.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
2.
Whenever a nonconforming use has been changed to a more restricted classification (e.g., business office to single-family residential) or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification (e.g., single-family residential to retail store) unless in compliance with the rules for such change as outlined by this Part 7 of this chapter.
3.
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board in compliance with § 816, Zoning Hearing Board, of this chapter. Where a special exception approval is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show the following:
A.
The proposed use is in general conformity with the most recent version of the Comprehensive Plan, and/or other applicable plans adopted by Mountville Borough, and will be in harmony with the zoning district, neighborhood, and area in which it is proposed to be located.
B.
The external impacts associated with the proposed use would be equal to or less intensive than the external impacts associated with the existing nonconforming use.
C.
The character of the proposed use would be similar to the character of the existing nonconforming use.
D.
The location of the proposed use would not endanger the public health and safety, and the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
E.
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with all with state and federal regulations.
F.
The proposed use shall comply with all applicable chapters of the Codified Ordinances of the Borough of Mountville and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Borough or shall be a condition of approval.
§ 706 Abandonment and Discontinuance of Nonconformities.
[Ord. No. 294, 9/23/2019]
1.
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.
2.
A nonconforming use, 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.
3.
Except for in a mobile/manufactured home park, the removal of a nonconforming mobile/manufactured home from the site it occupied, and if such site is not leased, actively marketed, or purchased within one year or less, shall constitute abandonment of the site, and any occupation or subsequent use of said site shall conform with the provisions of this chapter.
4.
The removal of a mobile/manufactured home from a residential lot already occupied by a residential structure shall constitute abandonment of the nonconforming use and such use shall not thereafter be permitted.
5.
Mobile/manufactured home parks which are nonconforming under the terms of this chapter shall be operated in accordance with Public Health Regulations, Commonwealth of Pennsylvania, DEP, under the provisions of Act 175 of April 9, 1929, P.L. 177, as amended,[1] and all other applicable laws.
[1]
Editor's Note: See 71 P.S. § 51 et seq.