Scranton City Zoning Code
ARTICLE IX
Nonconformities
§ 445-60 Intent and applicability.
A.
It is the intent of this Article to recognize the right of nonconformities to continue but to encourage that such lots, uses, and structures be brought into conformity with this chapter as soon as constitutionally permissible. To achieve this end, nonconformities are subject to the regulations set forth in this Article.
B.
A lawful nonconforming use, structure, or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of, construction upon, or change in use of a nonconformity shall only occur in conformance with this Section and subject to the following criteria and standards:
(1)
The alteration or extension provides for a natural expansion which is not detrimental to public health, safety, and general welfare, provided such expansion does not exceed 50% of the existing ground floor area of the structure or other space occupied by the use.
(2)
The alteration or extension does not constitute the addition of a new nonconforming use or structure.
(3)
The alteration or extension does not decrease yards when already failing to meet minimum yard setback areas.
(4)
The alteration or extension meets the district regulations for such use or structure as if the use or structure were being altered or extended in a district where such use is permitted.
§ 445-61 Nonconforming uses.
A.
Expansion of nonconforming residential uses. An existing nonconforming residential use may be expanded in floor area as a permitted by right use, provided that:
B.
Expansion of nonconforming nonresidential uses. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(1)
An expansion of a total of more than 5% in total building floor area in any five-year period shall require special exception approval from the Zoning Hearing Board under Article X.
(2)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(3)
The total building floor area used by a nonconforming use or the total area covered by impervious surfaces of a nonconforming use shall not be increased by greater than 50% beyond each such measurement that existed in such use at the time the use became nonconforming. This maximum increase shall be measured in aggregate over the entire life of the nonconformity.
(4)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter unless the Zoning Hearing Board grants a variance.
C.
Abandonment of nonconforming uses. If a nonconforming use is discontinued or abandoned for 12 months or longer, subsequent use shall conform with the current regulations of this chapter.
D.
Nonconforming outdoor storage activities. If a nonconforming junkyard, outside storage area, or similar use of open land is discontinued for 90 days or more or is damaged or destroyed to an extent of 50% or more of replacement cost, such use shall not be continued, repaired, or reconstructed.
E.
Change from one nonconforming use to another.
(1)
Once changed to a conforming use, such use shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board. The Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable in external effects than the pre-existing nonconforming use with regard to:
(a)
Traffic generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
F.
Nonconformities due to zoning changes. Any uses that become nonconforming because of a zoning district change shall be regulated under this Section on nonconformities.
§ 445-62 Nonconforming structures.
A.
Reconstruction or expansion of nonconforming structures.
(1)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided that:
(a)
Such action will not increase the severity, extent, or amount of the nonconformity (such as the area of the building extending into the required setback) or create any new nonconformity; and
(b)
Any expanded area complies with the applicable height restrictions and applicable setbacks set forth in the underlying zoning district in which the nonconforming structure is located as well as all other requirements of this chapter.
(2)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this Section regarding nonconforming uses.
B.
Damaged or destroyed nonconforming structures.
(1)
A nonconforming structure that has been destroyed or damaged by fire, windstorm, lightning or a similar cause to an extent of 50% or more of its total value and shall be deemed not to be the fault of the owner may rebuild in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within 12 months afterward, and no nonconformity is created or increased by any reconstruction.
(2)
Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this Section.
(3)
Nonconforming agricultural structures on farms may be reestablished or reconstructed as a use permitted by right if damaged or destroyed, without a time limit.
C.
Abandonment of nonconforming structures. If a nonconforming structure is razed, removed, or abandoned for 12 months or longer, subsequent use of such building or land shall conform with the current regulations of this chapter.
D.
New construction and building permits.
(1)
New construction. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(2)
Building permits and nonconformities. When an active building permit has been lawfully issued prior to the adoption of this chapter that makes such activity nonconforming, such use, lot, or structure shall be regulated under the applicable nonconforming regulations, provided that such construction is completed within a maximum of 12 months of the issuance of such permit
§ 445-63 Nonconforming lots of record.
A.
In any district in which single-family detached dwellings are permitted as principal uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record at the effective date of adoption of this chapter, provides that such lot:
(1)
Has a minimum width of 40 feet measured at the minimum building setback line;
(2)
Has a minimum lot area of 3,000 square feet;
(3)
Will comply with minimum setbacks and other requirements of this chapter for any new construction or expanded area, except for minimum lot depth and those provisions specifically allowed to be altered by this Section or for which a variance is granted; and
(4)
Has minimum side yard setbacks of eight feet each or 10% each of the lot width, whichever is larger, or can meet the setbacks of the district in which it is located.
B.
Integration of nonconforming lots. If two or more abutting lots or combinations of abutting lots and portions of lots under the same ownership are of record and not in conformity at the time of adoption of this chapter, and if all or part of the lots do not meet the requirements established for lot width or area, the lands involved shall integrated to form one lot that would be in conformance with this chapter or otherwise less nonconforming. Such integrated lot in common ownership shall not be subdivided, re-subdivided, or sold in parts using separate deeds to separate owners, unless specifically approved as a subdivision under the adopted subdivision and land development regulations of the City of Scranton.
§ 445-64 Registration of nonconformities.
It shall be the responsibility of a property owner asserting a nonconformity to provide the evidence that it is lawful. The property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.