Waynesboro City Zoning Code
ARTICLE IV
Nonconforming Uses and Structures
§ 295-13 Existing nonconforming uses and structures.
The following regulations shall control nonconforming uses and structures:
A.
A use or structure lawfully in existence at the effective date of this chapter which is thereby made nonconforming or a lawful prior nonconforming use or structure may be continued as provided for in this chapter.
B.
Registration of nonconforming uses shall be completed no later than 120 days after the effective date of this chapter. Any operator of a use that meets the requirements for a nonconforming use under this chapter must apply to register the nonconforming use with the Zoning Officer.
(1)
The Zoning Officer will provide application forms for the registration of nonconforming uses.
(2)
The owner or operator claiming the nonconforming use has the burden of demonstrating that the use lawfully existed prior to the effective date of this chapter.
(3)
The Zoning Officer shall make a determination regarding the registration of the nonconforming use. The determination of the Zoning Officer may be appealed to the Zoning Hearing Board as provided for herein.
(4)
Failure to make application to register a nonconforming use within 120 days after the effective date of this chapter shall mean that the use does not qualify as a nonconforming use.
C.
Changes to nonconforming uses or structures.
(1)
No nonconforming use or structure shall be enlarged, extended, expanded, reconstructed, substituted or structurally altered except when such changes are in conformity with this chapter. Normal maintenance and repair of a nonconforming structure or use is permitted, provided that it does not extend or expand the degree of nonconformity.
(2)
Nonconforming uses and structures may be expanded provided such expansion does not exceed 50% of the area occupied at the time the use or structure became nonconforming. Such expansion shall be on the same parcel of land occupied by the nonconforming use or structure.
D.
Any nonconforming use or structure which is destroyed by fire, casualty or act of God may be repaired, rebuilt and used as before, provided that no increase in the degree of nonconformity is thereby created. All repairs shall be commenced within one year after the damage occurs and shall be completed within two years after such date, or such use or structure shall not be rebuilt except as a conforming use or structure.
E.
Cessation of a nonconforming use for a continuous period of two years shall create a rebuttable presumption that such use has been abandoned. Such nonconforming use shall not thereafter be revived.
F.
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use. A nonconforming use may, by conditional use, be changed to another nonconforming use, provided that the Borough Council shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use and is not more detrimental to the surrounding neighborhood. The Borough Council may specify appropriate conditions and safeguards when granting a conditional use.
G.
A principal building which existed at the effective date of this chapter which is nonconforming as to yard requirements may have repairs, improvements, maintenance, modifications and additions made to those portions of the building located within the required yard, provided that no repair, improvement, maintenance, modification or addition shall be made which will cause any part of the building to project into the yard farther than the building did at the effective date of this chapter.