[Ord. 1968, 9/8/2003, § 800]
Intent — Within Pottstown's zoning districts
there are various uses of land and structures that were legal before
this Chapter was adopted, but would be prohibited or restricted under
this Chapter. The Borough believes Pottstown would be better off without
these nonconforming uses, so they are permitted only until such time
as they are terminated by obsolescence, destruction, abandonment,
or similar factors.
Meanwhile, this Chapter is designed to restrict, rather than
increase, these nonconformities and to eliminate them as soon as possible.
[Ord. 1968, 9/8/2003, § 801]
A use or structure which is nonconforming, as defined in Section
800, at the time this Chapter and subsequent amendments become law,
may be continued except as otherwise set forth in these Sections.
[Ord. 1968, 9/8/2003, § 802]
Any nonconforming use, building or structure may be enlarged
by not more than 10% of its floor and/or use area as it existed at
the time of passage of this Chapter; provided that the lot or lots
were in single ownership and purchased prior to the enactment of this
Chapter. Any such enlargement shall conform to all regulations of
the district where it is located. This provision may be used only
once for each zoned lot.
[Ord. 1968, 9/8/2003, § 803]
1.
Normal maintenance repairs and incidental alterations of a structure
containing a nonconforming use are permitted provided they do not
extend the area or volume of space occupied by the nonconforming use.
2.
Residential nonconforming uses may be altered to improve interior
livability, provided that no structural alterations shall be made
which would increase the number of dwelling units or the bulk of the
building.
[Ord. 1968, 9/8/2003, § 804]
1.
Nonconforming structures damaged or destroyed by fire, explosion,
accident or other calamity (as contrasted to deterioration because
of time or neglect) may be constructed and used as before; provided,
that:
A.
The reconstruction building shall not exceed the dimensions of the
damaged or destroyed building, including height, width, depth and
volume.
B.
Building construction shall be started within six months from the
date the building was damaged or destroyed, and shall be carried out
without interruption, and shall be completed within one year of the
date the building was damaged or destroyed.
2.
Nonconforming structures which have been condemned by the Pottstown
Zoning Officer shall not be rebuilt or used except in conformance
with this Chapter.
[Ord. 1968, 9/8/2003, § 805]
1.
When any nonconforming structure or use is replaced by a conforming
use or by a use more nearly conforming with the regulations of the
district in which it is located, the former nonconformity shall be
considered abandoned immediately and cannot be revived.
2.
Failure to exhaust all lawful means to appeal the denial of a permit
to continue the prior use, a parallel use, or a less restrictive use,
as defined by this Chapter, within the time limits prescribed by law,
shall constitute immediate and voluntary abandonment. The subject
structure or use shall not be used thereafter except in conformity
with the regulations of the district in which it is located.
3.
Voluntary discontinuance of a nonconforming structure or use shall
be considered an admission by its owner that such nonconformity no
longer is considered to have value and thereafter dispenses with the
need for its further protection, except as provided otherwise herein.
In addition to the circumstances mentioned above, the following, alone
or in combination, shall be held to be evidence of voluntary abandonment;
[Ord. 1968, 9/8/2003, § 806]
The following shall excuse a cessation of use:
1.
War and the consequent restrictions imposed upon use by governmental
authority, or the entry of the operator of the nonconforming use into
the armed services.
2.
Inability of the owner to find a tenant desirous of using the premises,
despite active attempts to do so, for a purpose permissible as a nonconforming
use. Should a letter of intent for the sale or rental of such nonconforming
use of land be submitted to the Zoning Officer prior to the expiration
of the twelve-month limit, an additional twelve-month grace period
shall be given. Failure of the owner to submit such a letter shall
be held to be voluntary abandonment as in Section 807 listed above.
At the expiration of the second twelve-month period, the use and any
vested rights shall be considered abandoned voluntarily.
