North Middleton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE V
Nonconformities
§ 204-52 Continuation.
Any use, building or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
§ 204-53 Abandonment.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year or more, subsequent use shall be in conformity with the provisions of this chapter. Vacating of buildings or structures, nonuse of land or nonoperative status of use constitutes evidence of a discontinued use.
§ 204-54 Extension of a nonconforming use of land.
Any lawful nonconforming use of land, exclusive of buildings and structures and the use contained therein, may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and lot regulations and the design standards of this chapter and to the percentage limitation as set forth in § 204-55 of this chapter. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
§ 204-55 Expansion or alteration.
A.
Any nonconforming use may be expanded or altered through the acquisition of a special exception and subject to the following criteria and those contained in § 204-64C of this chapter:
(1)
Expansion of the nonconformity shall be confined to the lot on which it was located at the time the use became nonconforming.
(2)
The total of all such expansions or alterations of use shall not exceed an additional 50% of the area of those buildings or structures or land devoted to the nonconforming use as they existed on the date on which the use of such buildings, structures or land first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
(3)
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter.
(4)
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
(5)
Appearance should be harmonious with surrounding properties. This feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
(6)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces.
(7)
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
(8)
No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in the Floodplain Zone.
B.
Any dimensional nonconformity may be reduced by permitted use. The extension or enlargement of a dimensional nonconformity may also be permitted by right; however, such extension or enlargement shall be limited to a total of a 10% increase of the dimensional nonconformity when it was originally created.
§ 204-56 Substitution or replacement.
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception, if the Zoning Hearing Board determines that the proposed use is at least equally compatible with the surrounding area, as the original nonconforming use. In addition, the proposed nonconforming use shall not increase any dimensional nonconformities. The Zoning Hearing Board may attach reasonable conditions to the special exception to keep the use compatible within its surroundings.
§ 204-57 Restoration.
Any lawful nonconforming use or structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided that:
A.
A nonconforming use or structure which has been damaged or destroyed to the extent of whereby the cost of restoring the use or structure to its before-damaged condition would equal or exceed 50% or more of the market value of the use or the structure before the damage occurred shall not be restored except in conformity with the regulations of the zoning district in which it is located and all other applicable standards of this chapter.
B.
A nonconforming use or structure which has been damaged or destroyed to the extent of whereby the cost of restoring the use or structure to its before-damaged condition would be less than 50% of the market value of the use or the structure before the damage occurred may be repaired or reconstructed and used as before the time of the damage, provided that:
§ 204-58 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign or land shall be authorized. In the event a nonconforming building, structure, sign or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion if permitted by this chapter shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
§ 204-59 Nonconforming lots.
A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total lot area or lot width less than prescribed in this chapter, provided that the lot was and still is in single ownership and no opportunity is present to consolidate two or more contiguous lots into a lot conforming to the district requirement, may be used provided such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and yards. Existing small lots meeting the above stipulations shall comply with the following permitted reductions:
A.
Side yards may be proportionately reduced based upon the percentage that the existing small lot is not in compliance, but in no event shall the side yard be less than five feet. For example, if the existing small lot is 25% less than the minimum lot size requirement, the side yard may be reduced by 25%.
B.
Rear yards may be proportionately reduced in the same manner as in Subsection A above, but in no event shall the rear yard be less than 10 feet.
C.
Front yard relief shall comply with the average setback of the two existing principal buildings with the greatest setbacks located within 100 feet on each side of the proposed building.