Oxford City Zoning Code
PART 18
NONCONFORMANCE STANDARDS
§ 27-1801 Intent.
[Ord. 593, 4/8/1986]
The following regulations shall apply to existing uses, structures, buildings, lots, and signs which do not conform to the provisions of this chapter or to the provisions of any subsequent amendment hereto.
§ 27-1802 Nonconforming Uses.
[Ord. 593, 4/8/1986]
1.
Except as provided in this chapter, any use existing at the effective date of this chapter which does not conform to the provisions of this chapter shall comply with the following:
A.
Continuation. Any use of structure or of land legally existing on the effective date of this chapter may be continued although such use may not conform to the provisions of this chapter, except as otherwise herein provided.
B.
Expansion. The following standards shall apply to nonconforming use:
(1)
No nonconforming use shall be enlarged or increased in a manner which will further violate any area, bulk, and height regulations imposed by the zoning district in which it is located.
(2)
No nonconforming use may be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board.
(3)
The proposed expansion shall not exceed 20% of the area used at the time this chapter became effective. Such expansion shall occur only once per nonconforming use.
(4)
The proposed expansion shall not cause an increased detrimental effect on surrounding properties in the form of access by emergency equipment, ventilation, or hazardous condition.
(6)
The proposed expansion shall not be detrimental to or alter or intend to alter the character of the existing neighborhood.
(7)
No nonconforming use shall be enlarged or increased upon ground not owned, leased, or under option to purchase at the time of the passage of this chapter.
C.
Change in Use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions.
(1)
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located due to the peculiar circumstances presented by the lot, building, or structure.
(2)
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
§ 27-1803 Nonconforming Buildings and Structures.
[Ord. 593, 4/8/1986]
1.
Except as provided in this Part, any building or structure existing at the time of passage or amendment to this chapter shall comply with the following:
A.
Continuation. Any nonconforming building or structure legally existing on the effective date of this chapter may be continued.
B.
Restoration. Any nonconforming building or structure which has been damaged or destroyed by fire or some other calamity may be restored within the limits of the existing foundation and shall not exceed the height, width, and depth dimensions of the original building. Restoration shall begin within nine months from the date of damage or destruction and shall be carried on without interruption. Evidence of a hardship beyond the control of the applicant is necessary to request an extension of time from Borough Council, not to exceed three months.
C.
Extension. Any nonconforming building or structure existing at the time of the effective date of this chapter may be extended, provided that such extensions conform to the applicable area, bulk, and building height requirements. The extension of any existing nonconforming building or the construction of any new building or structure shall require a special exception when the total floor area will be increased by more than 20% of the floor area of the nonconforming building at the time of the effective date of this chapter. In granting a special exception, the Zoning Hearing Board shall consider the following:
(1)
It is clear that such extension is not materially or spatially detrimental to the character of surrounding lots or the interest of the Borough.
(2)
No more than one extension to a nonconforming building shall be granted.
(3)
The Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with the granting of a special exception, including applying the criteria established under § 27-1808.
(4)
The extension of the building or structure does not extend upon ground not owned, leased, or under option to purchase at the time of the passage of this chapter.
§ 27-1804 Nonconforming Lots.
[Ord. 593, 4/8/1986]
1.
Lots Included in Approved Plans. Any lot shown on an approved and publicly recorded subdivision plan on the effective date of this chapter which does not meet the minimum area and bulk requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height, impervious coverage, and common open space requirements shall be met. The Zoning Hearing Board may grant a variance from the yard and impervious coverage requirements as long as the provisions under § 27-1804 are satisfied.
2.
Lots Held in Single and Separate Ownership. Any lot held in single and separate ownership at the effective date of this chapter which does not meet the minimum area and bulk requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height, impervious coverage, and common open space requirements are met. If the plans for the proposed use shall be approved by the Zoning Hearing Board, after review of such plans to assure reasonable compliance with the spirit of the zoning regulations for the district, and the water supply and sewage disposal facilities are certified as adequate by the Borough Engineer, a variance from the yard and impervious coverage requirements may be granted.
3.
Ownership of Adjacent Property. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure. Such combination shall correct the nonconforming situation to the maximum extent possible and shall not create a nonconforming lot out of the adjacent property.
§ 27-1805 Nonconforming Signs.
[Ord. 593, 4/8/1986]
Any sign existing at the effective date of this chapter that does not conform to the provisions of Part 16 shall be considered a nonconforming sign.
§ 27-1806 Continuation of Nonconforming Signs; Abandonment; Repair.
[Ord. 593, 4/8/1986; as amended by Ord. 657, 10/9/1990; and by Ord. 724, 11/17/1997]
1.
All signs which have or will become nonconforming as the result of the adoption or amendment of this chapter may continue unless the same are deemed by the Zoning Officer to have been abandoned. Abandonment shall be determined in accordance with the criteria in § 27-1608 of this chapter; the terms of § 27-1608 also shall govern the removal of any nonconforming sign determined to be abandoned.
[Amended by Ord. 888, 6/8/2015]
2.
In the event that a nonconforming sign is damaged and it is determined that the cost of repair is in excess of 25% of the cost to replace the sign, such sign shall only be repaired or replaced in conformity with the provisions of this chapter.
§ 27-1807 Extension of Nonconforming Uses.
[Ord. 593, 4/8/1986]
No nonconforming use, building, or structure shall be extended to displace a conforming use, building, or structure.
§ 27-1808 Abandonment of Nonconforming Use.
[Ord. 593, 4/8/1986]
Whenever a nonconforming use of land or of a building or of a structure is abandoned, discontinued, or left vacant for a continuous period of one year or more, subsequent use of such building or structure or of land shall be in conformance with the provisions of this chapter. Vacation of land or buildings or the non-operative status of the use normally carried on upon property shall be evidence of discontinuance. Nonconforming signs and signs associated with a nonconforming use shall be removed prior to the commencement of a subsequent use.
§ 27-1809 Special Exception and Variance Criteria.
[Ord. 593, 4/8/1986]
1.
In addition to the standards in §§ 27-1905, Subsection 1B and C, 27-1906, and 27-1907 the following criteria shall be applied by the Zoning Hearing Board to special exception and variance applications involving a nonconforming use, building, or structure:
A.
The activity, building, or structure shall not create further deviations from the area, bulk, and height requirements of the applicable district.
B.
Public water and sewage disposal services have been certified as adequate by the Borough Engineer.
C.
Emergency vehicles are provided direct access to the activity, building, or structure and to adjacent properties.