Stroudsburg City Zoning Code
PART 9
NONCONFORMING USES, STRUCTURES AND LOTS
§ 27-901 Purpose.
The regulations governing existing nonconforming uses are set forth in this Part and are intended to provide a gradual remedy for the incompatibilities resulting from such nonconforming use. While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses thereby keeping them from becoming more permanent establishments in appropriate locations.
§ 27-902 Definitions.
Area nonconformity refers to that aspect of a structure or use as a zoning lot which is not in compliance with the applicable yard, coverage or other area provisions in this Zoning Chapter or in an amendment, heretofore or hereafter enacted, where such structure or use lawfully existed in compliance with such requirements prior to the enactment of this chapter or such amendment.
Bulk nonconformity refers to the bulk of a structure which does not comply with the applicable size, height or other bulk provisions in this Zoning Chapter, or in an amendment, heretofore or hereafter enacted, where such structure lawfully existed in compliance with such provisions prior to the enactment of this chapter or such amendment.
A nonconforming lot is any lot which does not conform with one or more of the following: minimum width, depth and area dimensions for the district where such lot is situated.
Nonconforming structure means a structure, or part thereof, which is manifestly not designed to comply with the applicable use provisions in the Zoning Chapter or amendment, heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or such amendment. Nonconforming structures include, but are not limited to, nonconforming signs.
Nonconforming use means a use, whether of land or structure, or part thereof, which does not comply with the applicable use provisions in this Zoning Chapter or amendment, heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or such amendment.
§ 27-903 Continuation.
Nonconforming uses, nonconforming structures, bulk nonconformities and area nonconformities may be continued except as otherwise set forth in this Part. No nonconforming use or structure shall be enlarged, reconstructed, structurally altered or changed except as permitted by the provisions of this Part.
§ 27-904 Registration of Uses.
The owner or occupant of the premises occupied by a nonconforming use shall secure, within one year after the effective date of this chapter, a Certificate of Nonconformity from the Zoning Officer. The Zoning Officer shall certify that the use is not in compliance with the presently applicable requirements of the Borough of Stroudsburg's Zoning Ordinance and is thus a nonconforming use.
§ 27-905 Area and Bulk Requirements to Be Maintained.
No area or bulk nonconformity may be changed or increased in any way so as to depart further from the presently applicable requirements. Whenever a nonconforming use is permitted to be enlarged or expanded under the provisions of this chapter or pursuant to judicial decision, such enlargement or expansion shall not be permitted to violate or to depart further from compliance with, the area and bulk regulations applicable to permitted uses in the zone in which it is located.
§ 27-906 Existing Lots in Separate Ownership.
[As amended by Ord. 697, 10/10/1990, § 7]
The following development is permitted on a lot having an area nonconformity, if such lot was held in separate ownership from all adjoining lots on the effective date of the chapter provision which resulted in the area nonconformity, and if there is no violation of subdivision regulations:
1.
If the lot is located in the R-1, R-2 or R-3 district, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 85% compliance with each of the following requirements for the single-family dwelling, as specified in the district in which the lot is located; lot area, lot width, and maximum building coverage. All other requirements of this chapter must be met.
2.
If the lot is located in any remaining district, then a structure not exceeding two stories in height may be constructed on it, for a use permitted in the district in which it is located — Off-street parking and loading requirements shall be complied with and front, side and rear yard setback requirements shall be met except if reduced by the granting of a variance by the Zoning Hearing Board.
§ 27-907 Changes - General Requirements.
[As amended Ord. 646, 4/13/1988, § 13]
Any proposed changes to nonconforming uses and structures must be in accordance with the following regulations:
1.
A nonconforming use or structure shall not be extended to displace a conforming use or structure, except as provided for in § 27-908 of this chapter.
2.
Structures, buildings or uses, either main or accessory shall not be combined for the purpose of extending a nonconforming use or creating a different nonconforming use.
3.
When authorized by the Zoning Hearing Board as a special exception, a nonconforming use may be changed to another nonconforming use if the Zoning Hearing Board finds that all of the following standards are met:
A.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
B.
The proposed change shall be less objectionable in external effects than the previous nonconforming use, and will be more consistent physically with its surroundings.
C.
There will be no increase in traffic generation or congestion including both vehicular and pedestrian traffic.
D.
There will be no increase in the danger of fire or explosion.
E.
There will be no increase in noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration or electrical disturbance.
F.
There will be no increased threat to public health, safety, and general welfare.
§ 27-908 Enlargement.
[As amended by Ord. 646, 4/13/1988, § 14; and by Ord. 697, 10/10/1990, § 8]
A nonconforming structure or nonconforming use shall not be enlarged except as a Special Exception approved by the Zoning Hearing Board in accordance with §§ 27-1002 and 27-1003 and the following:
1.
A nonconforming use or structure may not be enlarged more than 20% of the existing floor or ground area, except for junk yards which may not be enlarged.
2.
A nonconforming structure or use after enlargement shall conform to all area and bulk requirements applicable to conforming buildings in the zone in which it is located and to all applicable off-street parking and loading requirements.
4.
Enlargement of a nonconforming use shall be only upon the same lot or any contiguous lot purchased by the owner of the nonconformity in existence within one year of the date the use became nonconforming.
§ 27-909 Restoration.
Where a nonconforming structure or structure containing a nonconforming use is legally condemned or damaged by fire, explosion, flood or other natural causes to an extent not exceeding 50% of its replacement value at the time of reconstruction, the nonconforming structure may be reconstructed for such purpose provided that application for all necessary permits is filed within six months of the notice of condemnation or damage by natural causes and the restoration is completed within 18 months thereafter.
§ 27-910 Termination.
1.
Structures. A nonconforming structure shall not be reconstructed where destroyed by fire or other natural cause to an extent greater than 50% of the replacement value.
2.
Structure. A nonconforming use in a nonconforming structure shall be deemed abandoned and shall be terminated if the structure is altered so that it is designed for a conforming use.
3.
Change to Conforming Use. Where a nonconforming use is changed into a conforming use, the nonconforming use may not thereafter be resumed. A change from one nonconforming use to another without approval of the Zoning Hearing Board shall be considered an abandonment of the prior nonconforming use, which shall not thereafter be resumed.
4.
Abandonment. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed to be abandoned if it is changed as set forth in § 27-910, Subsection 3, or if it is discontinued for a period of one year or more without evidence of intent to resume the nonconforming use, as by actions to maintain or rent the premises for such nonconforming use or otherwise.
§ 27-911 Prior Violations Continued.
A nonconforming building altered or erected or a nonconforming use created, in violation of any previous provision, shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by this Part upon other nonconforming buildings and uses.
§ 27-912 District Changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.