Quarryville City Zoning Code
ARTICLE XV
Nonconforming Uses, Premises, Structures and Lots
§ 420-1501 Specific intent.
A.
The zoning districts established by this chapter and designed to guide future use of land in the Borough by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
B.
To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located shall be subject to certain limitations. The regulations set forth are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses, and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Borough.
C.
Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages, or building height, are deemed to be nonconforming.
D.
Nonconforming uses and structures will be generally permitted to remain; the purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their location.
E.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or intended use of any building on which actual construction was lawfully begun prior to the effective date, or amendment of this chapter and on which actual building construction has been diligently carried on.
§ 420-1502 Nonconforming use regulations.
A.
Continuation. Lawful uses located either within a building or other structure, or part thereof, or on the land, or in combination of both, which at the effective date of this chapter, or subsequent amendment thereto, become nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of property.
B.
Alteration or enlargement of nonconforming buildings, structures, or land. No expansion of the nonconforming structure or use shall be hereafter be made unless such expansion has been approved in advance by the Zoning Hearing Board, as a special exception, subject to the following limitations and criteria:
(1)
The expansion of the nonconforming structure or use shall be limited to the lot limits which existed for the property in question at the time of adoption of this chapter or at the initial nonconformity, whichever is the earlier. In considering the request for a special exception expansion of a nonconforming use, the Zoning Hearing Board shall give proper consideration to the necessity of the expansion caused by new techniques, new methods in industry, new product development, new markets, etc. However, the Zoning Hearing Board may also consider the fact that any expansion is due to an increase in volume of business not relating to the foregoing which reasonably could be conducted elsewhere and/or need not be conducted upon the premises, especially if it would cause increased traffic or if it would otherwise adversely affect the health, safety and welfare of the area in which the nonconforming use is situated, in which case the Zoning Hearing Board may further limit the expansion.
(2)
The Zoning Hearing may require screening of any nonconforming use or structure which is expanded in order to further protect the adjoining properties.
(3)
Except in the case of agricultural uses, which shall have no expansion limit, the total of all such expansions or alterations of use shall not exceed an additional 50% of the actual area of these buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count toward the above maximum increase.
(4)
In consideration of expansion of a nonconforming use, the Zoning Hearing Board may consider the fact that the present owner and/or operator of the premises is not the person who may have owned or operated the premises at the time the same became a nonconforming use or structure and therefore had notice of the nonconforming character of the premises and could guide the further development or use thereof in a manner consistent with this chapter. If the Zoning Hearing Board makes such a determination, it may deny or appropriately limit the expansion.
(5)
No nonconforming buildings, structures or land shall be added to or enlarged upon in any manner, unless said building, structure or land, including additions and enlargements, are made to conform to all other regulations of the district in which they are located.
(6)
No structural alterations may be made other than those ordered by an authorized public official to assure the safety of nonconforming buildings or structures.
(7)
If a building or a structure is conforming as to use but not conforming as to area and bulk regulations, or off-street parking requirements, said building or structure may be enlarged or added to, provided that the enlargement or addition complies with the area and bulk regulations in the existing building plus its addition complies with off street parking regulations in the district in which said building or structure is located.
(8)
No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the requirements of the district in which it is located.
§ 420-1503 Discontinuance.
If a nonconforming use of land or building ceases operations for a continuous period of more than one year, then this shall be deemed to be an intent to abandon such use any subsequent use of land shall conform to the regulations of this chapter.
§ 420-1504 Change in use.
No nonconforming use or structure may be changed to any other nonconforming use or structure unless the Zoning Hearing Board shall, in granting a special exception, additionally find that the proposed nonconforming use or structure is not more detrimental to the district than the existing nonconforming use or structure. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception.
§ 420-1505 Damage or destruction.
Any lawful nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, or other cause may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities;
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption; and
C.
In any case, whether conforming or nonconforming, the remains of any building so destroyed, must be removed from the premises within six calendar months so that the same shall not remain as a nuisance thereon.
§ 420-1506 Nonconforming lots of record.
In any district in which single-family houses are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family house and customary accessory buildings may be erected on any single lot of record in existence at the effective date of adoption or amendment of this chapter, provided that the following requirements shall be observed:
A.
Such lot must be in separate ownership, and not form part of a continuous frontage with other lots in the same ownership.
B.
This provision shall apply even though such lot fails to meet requirements of area or width, or both, generally applicable in the district in which the lot is located, and a variance shall be issued by the Zoning Hearing Board, except as follows:
(1)
No application for a variance shall be accepted if the area of the lot in question is less than 50% of the required minimum for the district in which it is located;
(2)
If two or more lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot widths and area established by this chapter, the lands involved shall be considered an undivided parcel, and no portion of such parcel shall be occupied or sold which does not meet lot width and area requirements established by this chapter;
(3)
Variance from yard requirements shall be obtained only through action of the Zoning Hearing Board.
§ 420-1507 Nonconforming signs.
Signs in existence at the effective date of this chapter, or amendments thereto, may be continued, subject to the following regulations:
A.
Moving. No nonconforming advertising sign, billboard, commercial advertising structure, or statuary shall be moved to another position on the building or lot on which it is located after the effective date of this chapter or amendment thereto.
B.
Structural alterations. A nonconforming sign on a nonconforming use may be continued, but the area of such sign, or signs, shall not be increased and such sign, or signs, shall not be structurally altered.
§ 420-1508 Damage or destruction of advertising structures.
In the event that any nonconforming advertising sign, billboard, commercial advertising structure or statuary is damaged to the extent of 25% of its cost of replacement at the time of destruction, such sign shall not be restored or replaced.
§ 420-1509 Discontinuance of signs.
Whenever any use of building or structure or land or of a combination of buildings, structures and land ceases, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within six calendar months.
§ 420-1510 Registration of nonconforming uses, buildings, lots and signs.
In order to administer this chapter, the Zoning Officer shall prepare immediately after the adoption of this chapter, a complete list of all nonconforming uses, buildings, lots and signs then in existence.