Scott Township Columbia County
City Zoning Code
City Zoning Code
ARTICLE X
Nonconformities
§ 135-79 Nonconforming uses and structures.
Any nonconforming use or structure 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, 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 § 135-80.)
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. A nonconforming use shall be judged to be abandoned 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, to the greatest extent possible, with all of the floodproofing requirements contained in § 135-61.
(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 one-hundred-year flood elevation.
(c)
The reconstruction will be floodproofed in accordance with the requirements contained in § 135-61.
(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)
Exterior extensions or enlargements may be made to nonconforming structures or uses, provided that:
(a)
The extensions or enlargements do not cumulatively extend the structure or use by more than 25% of the area occupied by such use at the effective date of this chapter.
(b)
The extension or enlargement shall conform to the yard and height requirements of the district in which the structure or use is located.
(c)
The Zoning Hearing Board approves such proposed extension or enlargement where the proposal will not meet the applicable yard requirements.
(d)
In the case of a nonconforming use, the use shall be immediately adjacent to the existing nonconforming use.
(3)
For nonconforming uses where normal operations involve natural expansion (quarries, junkyards, cemeteries, etc.), expansion shall be permitted by right up to 25% of the volume or area of the nonconformity which existed at the effective date of this chapter. For expansion beyond 25%, approval must be obtained from the Zoning Hearing Board.
(4)
A nonconforming use shall not be extended to displace a conforming use.
E.
Change of use. A nonconforming use may not be changed to another nonconforming use. 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. A certificate of nonconformance shall be issued by the Zoning Officer for nonconforming uses or structures upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the time of adoption of this chapter.
§ 135-80 Nonconforming lots.
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. A certificate of nonconformance shall be issued by the Zoning Officer for nonconforming lots upon written request of the property owner or occupant. Sufficient evidence shall be provided by the applicant at the time of such request which documents the existence of the nonconformity at the time of adoption of this chapter.
C.
Existing lots of record. In the case of a lot of record which existed at the effective date of this chapter which does not meet the minimum area requirements for the district in which it is located, a conforming principal structure may be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined to form a conforming lot.
(2)
Each side yard is not less than 10 feet when adjoining another lot and 15 feet when adjacent to any street right-of-way line.
(3)
The rear yard is not less than 15 feet.
(4)
The front yard conforms to the minimum distance required.
(5)
Where needed, the site has an approved sewage disposal system or an appropriate sewage permit.
(6)
The site and its intended use comply with all other applicable provisions of this chapter.