Wyalusing City Zoning Code
ARTICLE IX
Nonconforming Lots of Record, Buildings and Uses
§ 500-900 General.
All lawful or previously nonconforming uses of land, buildings, signs, or other structures existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold, or maintained, even though such use may not conform to the use, height, area, yard, and other regulations of the district in which it is located, provided such nonconforming conditions shall comply with the following sections.
§ 500-901 Registration and identification.
A.
The Zoning Officer shall identify and register all of the premises occupied by a lawful nonconforming use or building existing at the effective date of this chapter and issue a certificate of nonconformance, which shall be for the purpose of insuring the owner's right to continue a nonconforming building or use from the date of certificate issuance;
B.
Nonconforming uses and structures may be reported to the Zoning Officer by the owner, user, lessor or lessee, and be registered by the Zoning Officer within one year of the effective date of this chapter; and
C.
Should a nonconforming use or building not be reported or identified within one year, the owner of the nonconforming use or structure shall have the right to show by the preponderance of the evidence to the Zoning Officer that the use or building was nonconforming upon the effective date of this chapter.
§ 500-902 Existing and nonconforming lots of record.
A.
Any nonconforming lot, due to its lot area or dimensions, existing as of the effective date of this chapter or created by an amendment to this chapter, may be continued although such lot does not conform to the lot requirements for the district in which it is located;
B.
Each lot shall have access to public water and public sewer or an approved on-lot water and wastewater system. Additionally, for those lots utilizing on-lot water, the minimum required isolation distance between well and on-lot wastewater system shall be provided;
C.
In any zoning district in which single-family detached dwellings are permitted as primary uses, a single-family detached dwelling and customary accessory uses may be erected on any single nonconforming lot of record, as defined in this chapter, existing in single and separate ownership and not abut other lots under the same ownership. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the zoning district in which the lot is located, provided that all other yard requirements and dimensions of the lot shall conform to the regulations for single-family detached dwellings in the Residential (R-1) and Residential (R-2) Districts. Variances of yard setback requirements may be obtained through an action of the Wyalusing Borough Zoning Hearing Board;
D.
If two or more abutting lots of record or combinations of abutting lots and portions of Lots of Record held under the same ownership are of record at the time of passage or amendment of this article, and if all or part of the lots do not meet the requirements established for lot width or area, the lands involved shall be considered to be an undivided parcel for the purposes of this article, and no portion of the said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established under this article, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this article;
E.
Where possible, contiguous nonconforming parcels under common ownership should be combined to create conforming lots.
§ 500-903 Existing nonconforming buildings and structures.
A.
Alterations and reconstruction.
(1)
Repairs and structural alterations not constituting extensions, expansions or enlargements may be made to a nonconforming building or to a building occupied by a nonconforming use, providing such alterations and repairs are in conformance with the regulations as set forth in this chapter and other applicable codes and ordinances adopted by the Borough; and
(2)
A nonconforming building which is damaged by fire, an explosion, or a natural disaster, etc., may be rebuilt and used for the same purposes, provided that:
B.
Extensions, expansions, and enlargements:
(1)
Nonconforming uses or buildings occupied or used for residential or nonresidential purposes which are nonconforming and otherwise not permitted in the zoning district in which they are located shall be allowed to expand, extend or enlarge. All extensions, expansions and enlargements of lawful nonconforming uses and buildings shall be reviewed by the Zoning Officer to determine compliance with the following standards:
(a)
Any extension, expansion or enlargement of a nonconforming building or use shall be permitted as long as the maximum building coverage is not exceeded;
(b)
Any expansion or enlargement of a nonconforming building shall not exceed 50% of the total gross floor area of the nonconforming building from the time it became nonconforming;
(c)
Any extension, expansion or enlargement shall conform to the height, area, yard and coverage regulations of the district in which it is located:
[1]
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[a]
The structure shall not be extended beyond the existing nonconforming setback line;
[b]
No additional nonconformity shall be created;
[c]
The new nonconforming extension shall not be greater than 25% of the existing floor area;
[d]
All other requirements of this article are met;
[e]
Such addition shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(d)
All required loading and/or parking spaces for any expansion or enlargement shall comply with the requirements of Article VII;
(e)
Any extension, expansion or enlargement of a nonconforming building or use shall not be permitted to extend into vacant parcels of land adjacent to the parcel containing the nonconforming building or use, where such vacant parcels have been separately recorded or acquired prior to the effective date of this chapter;
(f)
Any expansions or extensions of a nonconforming sign shall comply with all provisions of this chapter; and
(g)
The intensity of a nonconforming use (resulting nuisances such as air pollution, noise, glare, vibrations, delivery traffic, hazards, etc.) shall not be increased.
C.
Partial destruction.
(1)
When 50% or more of the existing floor area or volume of a nonconforming building or structure or the use of land is destroyed by fire, or by other casualty, or by Act of God, the use of such building, structure or land, as a nonconforming use shall then after be terminated except as provided in the following Subsection C(2); and
(2)
A single-family residence located in any zoning district may reconstruct a single-family residence at the same location when 50% or more of the existing floor area or volume of a nonconforming building or structure, or the use of land is destroyed by fire, or by other casualty, or by Act of God.
§ 500-904 Nonconforming uses.
A.
Continuation. Any nonconforming use existing on the effective date of this chapter or created by an amendment to this chapter may be continued although such use does not conform to the provisions of this chapter. Change of ownership or possession of the use or property shall not prevent the continuance of the nonconforming use;
B.
Extension of the nonconforming use shall be approved by the Zoning Hearing Board as a special exception (SE), subject to the following standards:
(1)
Extension shall be limited to the lot occupying the use or a contiguous lot held in common ownership at the time the use became nonconforming;
(2)
The extension of the nonconforming use shall not replace a conforming use;
(3)
The extension shall conform to the requirements of the underlying district and applicable supplementary regulations including, but not limited to, lot, building, setback, coverage, buffering, height, parking and sign requirements; and
(4)
The extension of uses within structures shall not exceed an increase of 25% of the gross floor area occupied by the nonconforming use at the time of the enactment of this chapter.
C.
Change of use.
(1)
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use;
(2)
Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of less-restricted classification unless in compliance with the rules for such change as outlined by this article;
(3)
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception (SE) by the Zoning Hearing Board in compliance with this chapter. Where a special exception (SE) approval is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odors, glare, vibration, fire, hazardous substances and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Late night and early morning hours of operation if the new use would be close to dwellings; and
(e)
Compatibility with the character of surrounding uses.
D.
Abandonment and discontinuance.
(1)
A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within one year from the date the activity stopped and the use is not actively advertised for sale or lease. Such nonconforming use shall not thereafter be reinstated except in conformance with this chapter. A nonconforming building or land which is actively marketed but has not been sold or leased shall not be considered abandoned. The applicant shall be responsible to provide evidence that the nonconformity was not abandoned;
(2)
Mobile home parks, trailer camps or trailer parks, which are nonconforming under the terms of this chapter, shall be operated in accordance with Public Health Regulations, Commonwealth of Pennsylvania, Department of Environmental Protection, under the provisions of Act 175 of April 9, 1929, P.L. 177, as amended,[1] and all other applicable laws.
[1]
Editor's Note: See 71 P.S. § 51 et seq.
§ 500-905 Amortization of nonconforming storage of junk on residential properties.
Any external storage of junk (as defined herein) upon a property used as a principal residence that legally existed as of the effective date of this chapter shall be considered nonconforming. All such storage may continue for a period of up to 12 months from the effective date of this chapter. After the twelve-month period, all such storage shall be removed. Failure to remove such junk shall constitute a zoning violation. Any improvement, repair, reconstruction, or any other alteration made to the area used to store junk during the twelve-month period shall not waive the requirements for elimination of the use.