Old Lycoming Township
City Zoning Code
City Zoning Code
PART 9
NONCONFORMITIES
§ 27-901 Nonconforming Uses and Structures.
[Ord. 168, 8/11/1992, § 900; as amended by Ord. 213, 1/29/2004, Art. 9; by Ord. 231, 10/14/2008; and by Ord. 240, 8/12/2009, Art. 10]
1.
Any nonconforming use or structure legally existing under prior zoning ordinances at the time of the adoption of this chapter or which is created whenever a district is changed by amendment hereafter, 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, except as provided below. It is the intent of this chapter to permit these nonconformities to continue until they are removed. (For nonconforming lots, see § 27-902.)
A.
General Application of Provisions. Nothing herein shall require any change in plans, construction, or designated use of a building or structure which complies with existing laws or for which a permit was granted and/or where the construction shall have started before the date of adoption of this chapter or applicable amendment thereto.
B.
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. There shall be a presumption of intent to abandon a nonconforming use when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
C.
Alteration and Reconstruction.
(1)
Repairs and nonstructural alterations may be made to a nonconforming building or a building occupied by a nonconforming use.
(2)
A nonconforming building or building occupied by a nonconforming use which is damaged by fire, flood or other natural causes may be reconstructed, restored and used as before provided that:
(a)
Said reconstruction commences within one year of the damage.
(b)
Said reconstruction shall not exceed the size, bulk, height and area that existed prior to the damage, unless approved by the Zoning Hearing Board.
(c)
The location of said reconstruction does not create a safety hazard.
(d)
Where the nonconformity is located in a Flood Fringe or General Floodplain District, the new construction shall comply with all of the floodproofing requirements contained in § 27-603 of this chapter.
(3)
However, where a nonconforming building or building occupied by a nonconforming use is destroyed by fire, flood or other natural causes in a Floodway District, such nonconformity may only be reconstructed, replaced and used as before provided that:
(a)
The property owner does not own adjoining land located outside of the Floodway District.
(b)
The reconstruction will not cause any rise in the 100-year flood elevation.
(c)
The reconstruction will be floodproofed in accordance with the requirements contained in § 27-603 of this chapter.
(d)
Said reconstruction commences within one year of the damage.
(e)
Said reconstruction does not exceed the size, bulk, height and area that existed prior to the damage, unless approved by the Zoning Hearing Board.
D.
Extensions and Enlargements.
(1)
A nonconforming use of a building or structure may be extended throughout the interior of the building provided that no structural alterations are made therein. Interior structural alterations proposed to extend a nonconforming use, shall be authorized by the Zoning Hearing Board.
(2)
A nonconforming residential structure may only be expanded to increase nonconformity one time and the expansion shall not exceed 25% of the structure's total floor area at the time the structure became nonconforming.
(3)
A nonconforming commercial use or structure may be expanded in size and manner consistent with the "Natural Expansion Doctrine." Expansion may not occur into a more restrictive district; must be attached or contiguous to the existing building or structure containing the nonconforming commercial use; and must meet all setback requirements. Under the "Natural Expansion Doctrine" a nonconforming use and/or structure may be expanded as a business increases in magnitude over ground used for that business purpose at the time of enactment of zoning, but may not be expanded beyond the remainder of the lot or parcel as it existed at the time it became nonconforming.
(4)
Exterior structural alterations proposed to extend or enlarge a nonconforming building or structure may be approved by the Zoning Officer where such proposed alterations meet the yard, height and other requirements of this chapter and as authorized in §§ 27-503.2.E, 27-503.3.B and 27-503.4.C.
(5)
For nonconforming uses where normal operations involve natural expansion (i.e., quarries, junkyards, cemeteries, etc.), expansion shall be permitted by right up to 25% of the volume or area of the nonconformity that existed on or before August 11, 1992.
(6)
A nonconforming use shall not be extended to displace a conforming use.
E.
Change of Use. A nonconforming use may be changed to a nonconforming use of the same or a more restricted classification. Whenever a nonconforming use of a building has been changed to a conforming use, such use shall not thereafter be changed back to a nonconforming use.
F.
Certificate of Nonconformance. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming use or structure on or before August 11, 1992, the Zoning Officer shall issue a certificate of nonconformance for said nonconformity. Any applicant aggrieved of the process for obtaining such certificate or of any decision rendered therefrom, may file an appeal with the Township Zoning Hearing Board.
G.
Application to Agricultural Structures. The regulations governing nonconformities set forth in this Part shall not apply to agricultural structures when such structures are part of an active agricultural use. An active farm situated in a zone where agricultural activities become nonconforming as a result of adoption of this chapter shall also be exempt from these provisions. It is not the intent of these regulations to hamper continued agricultural activities. However, should the nonconforming agricultural use be abandoned, any buildings or structures damaged or destroyed thereafter shall be subject to the regulations governing nonconformities.
§ 27-902 Nonconforming Lots.
[Ord. 168, 8/11/1992, § 901; as amended by Ord. 213, 1/29/2004, Art. 9]
1.
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.
A.
Discontinuance/Lot Changes. If any nonconforming lot is discontinued or becomes conforming through its addition to adjacent land, said lot shall not hereafter be changed back to a nonconforming lot.
B.
Certificate of Nonconformance. Upon receipt of evidence from a property owner or occupant which documents the existence of a nonconforming lot on or before August 11, 1992, the Zoning Officer shall issue a certificate of nonconformance for said lot. Any applicant aggrieved of the process for obtaining such certificate or of any decision rendered therefrom, may file an appeal with the Township Zoning Hearing Board.
C.
Existing Lots of Record.
(1)
In the case of a lot of record which existed on or before August 11, 1992, which does not meet the minimum area requirements for the district in which it is located, a permitted building or structure may be placed on the parcel provided that:
(a)
The owner does not own adjoining land which could be combined to form a conforming lot.
(b)
Each side yard is not less than five feet when adjoining another lot and 10 feet when adjacent to any street right-of-way line.
(c)
The rear yard is not less than 15 feet.
(d)
The front yard conforms to the minimum distance required.
(e)
Where needed, the site has an approved sewage disposal system or an appropriate sewage permit.
(f)
Provided that the site and its intended use complies with all other applicable provisions of this chapter.
(2)
Where the zoning district of a lot of record which was created after August 11, 1992 is changed by adoption of this chapter or any subsequent Ordinance, such lot shall be entitled to utilize the setback requirements of the zoning district in which it was located at the time of its creation or approval for the placement or erection of a conforming principal or accessory structure.
