Parkside City Zoning Code
ARTICLE XVII
Nonconforming Uses, Structures and Lots
§ 182-130 Purpose.
A.
Within the districts established by this chapter or amendments thereto, there exist certain uses, structures and lots that were lawful before this chapter was enacted or amended but which do not conform to the provisions of this chapter or amendment thereto. These uses, structures, or lots are referred to as "nonconformities."
B.
The regulations governing existing nonconforming uses, structures and lots are set forth in this article and are intended to provide a gradual remedy for undesirable conditions resulting from such nonconformities. While such nonconformities are generally permitted to continue and their maintenance and improvement is encouraged, these regulations are intended to limit future increases in their degree of nonconformity and to encourage their gradual reduction.
§ 182-131 Continuation.
All structures, lots, uses of structures, and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this chapter or amendment thereto shall be regarded as nonconforming and may be continued so long as they remain otherwise lawful, including subsequent sales of property. Such uses must comply with all safety-related and other applicable regulations.
§ 182-132 Enlargement.
The nonconforming use of a building shall ordinarily not be extended or enlarged, and a nonconforming building shall not be enlarged or structurally altered unless required by law to assure structural safety of the building. A nonconforming use or structure may be extended, enlarged or altered when so authorized as a special exception, provided that the following conditions are met and a permit is obtained as per § 182-150A:
A.
It is clear that such enlargement or extension is not materially detrimental to the health, safety, and welfare of the surrounding area.
B.
The proposed enlargement or extension only occurs on the tract where the nonconformity is currently located.
C.
The area devoted to the nonconforming use shall not be increased by more than 25%. The nonconforming structure shall not be increased by more than 25% of its cubic content.
D.
Any extension or enlargement of a building shall conform to the area, height and setback regulations of the district in which it is located.
E.
Not more than one extension or enlargement to a nonconforming use or structure shall be granted to any given parcel.
§ 182-133 Change of 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 equally restrictive or more restrictive nonconforming use, subject to the following conditions:
A.
The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use or will be more appropriate than the existing nonconforming use with regard to:
§ 182-134 Enclosure.
Where a nonconforming use is conducted entirely on unenclosed premises, no structure to house or enclose such use whether or not such structure would otherwise conform to zoning regulations, shall be allowed on the premises.
§ 182-135 Abandonment.
If a nonconforming use is abandoned, as defined in Article II, the subsequent use of such a building or land shall conform to the regulations of the district in which it is located unless the Zoning Hearing Board approves another nonconforming use. In the latter case, such approved use shall be initiated within two years after the prior use had been officially designated as abandoned.
§ 182-136 Reconstruction.
A nonconforming structure which is destroyed or damaged by fire or other casualty or act of God may be restored to its condition and footprint prior to the occurrence, provided that:
A.
The restored structure shall not increase the degree of nonconformity of the original structure and shall meet all other bulk and area and use requirements of the zoning district within which it is located.
B.
Reconstruction of the structure shall commence within 1 1/2 years from the date the structure was destroyed or condemned, unless the Zoning Hearing Board shall authorize a special exception for an extension of this time limit.
C.
Reconstruction of a nonconforming structure shall be completed with one year of commencement unless the Zoning Hearing Board shall authorize special exception for an extension of this time limit.
§ 182-137 Repairs and maintenance.
A.
If a nonconforming structure becomes physically unsafe due to lack of repairs and maintenance and is declared by the Zoning Officer or other Borough official charged with protecting the public safety to be unsafe by reason of physical condition, it shall not thereafter be restored or repaired except to conform or more closely conform to the regulations of the district in which it is located.
B.
Nothing in this chapter shall be construed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by the Zoning Officer or other official charged with protecting the public safety.
§ 182-138 Nonconforming lots.
A lot which does not contain the required minimum area or width as of the effective date of this chapter, may be used for the construction, alteration or reconstruction of a building or may be otherwise used if the construction, alteration, reconstruction or other use is in compliance with the use, yard, setback and other pertinent provisions of this chapter.
§ 182-139 Reduction of lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open space shall be smaller than herein prescribed.
§ 182-140 Nonconforming signs.
Regulations pertaining to nonconforming signs can be found in Article XIII.
§ 182-141 Registration of nonconforming uses.
The Building Inspector shall prepare, or cause to be prepared, an ongoing list of nonconforming uses, structures, lots, and signs in the Borough beginning from the adoption of this chapter.
§ 182-142 Ownership.
Whenever a lot is sold a previously lawful nonconforming use may be continued by the new owner.
§ 182-143 Structures or uses in violation of provisions.
A nonconforming structure altered or a nonconforming use created in violation of any previous provisions in this article shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by § 182-131 upon other nonconforming structures and uses.