[Amended 5-27-1992 by Ord. No. 92-5; 8-26-1998 by Ord. No.
98-7; 8-23-2004 by Ord. No. 2004-12; 4-23-2007 by Ord. No.
2007-04]
Any lawful use of a structure or tract of land
existing on January 23, 1956 (the effective date of the first Borough
of Chambersburg Zoning Ordinance) may be continued and maintained
although such structure, lot or use does not conform to the provisions
of this chapter. In addition, any lawful use of a structure or land
existing on the effective date of any amendment to this chapter may
be continued and maintained although, as a result of said amendment,
such use, structure or tract of land does not conform to the provisions
of this chapter. Any building, alteration or extension for which a
use permit or construction permit was issued prior to the use, structure
or tract of ground becoming nonconforming by virtue of an ordinance
amendment may be completed, even though such structure, alteration
or extension does not or will not conform to the requirements of this
chapter as amended; provided, however, this permission shall be void
if said structure, alteration or extension is not commenced within
180 days and completed within two years from the date of issuance
of said use or construction permit.
A nonconforming lot can be developed, provided
it meets as many of the zoning regulations applicable to the district
in which it is located as is reasonably possible, including any off-street
parking requirements. An application for any such development must
proceed as a special exception hearing before the Zoning Hearing Board,
which may approve single-family detached and semidetached dwellings
to be constructed on otherwise nonconforming lots. In no event shall
any yard be reduced to less than five feet in width, nor may the height
limits applicable to the zoning district be exceeded.
The following provisions shall apply to any
proposed expansion of all nonconforming uses, structures and lots
existing on January 23, 1956, and to all nonconforming uses, structures
and lots which became such by reason of any amendment to this chapter
and to any uses, structures or lots which become nonconforming by
reason of any future amendment to this chapter. The procedure and
standards will be as follows:
A.
Procedure. Any nonconforming use or structure, or combination thereof, may be expanded only upon approval of the Zoning Hearing Board after a special exception hearing as defined elsewhere in this chapter. While a nonconforming use of a lot may be expanded subject to the criteria set forth in this section, it is not contemplated that a nonconforming lot can be expanded for the purpose of accommodating the expansion of a nonconforming use. This notwithstanding, in the event the only nonconformity is of the lot itself, increasing the size of the lot to eliminate or reduce the degree of nonconformity is acceptable and encouraged. Notice as provided in § 300-108 of this chapter of the Code shall be provided.
B.
Standards. In addition to the special exception criteria set forth in § 300-134 of this chapter, each application for expansion of a nonconforming use or structure, or combination thereof, shall be subject to the following standards:
(1)
It shall be the responsibility of the applicant to
sufficiently document to the Zoning Hearing Board that the proposed
expansion will not be contrary to the purposes of this chapter and
the public health, safety, and welfare of municipal residents, in
general, and of the residents of the immediate area, in particular.
(2)
Such expansion must meet the height, lot coverage
and lot yard regulations for the district where it is located, as
well as off-street parking requirements for the use, and also meet
the requirement of all other applicable Borough or state laws.
(3)
Such expansion cannot be extended onto an adjacent
lot, nor can lots be combined to accommodate an expansion of a nonconformity.
(4)
Noise-emitting equipment or apparatus that supports a nonconforming use expansion cannot be located within 50 feet of a residential lot line and must be located at the ground level with such buffering as the Zoning Hearing Board determines can reasonably limit the additional sound being heard by neighbors. Any new noise level caused by the expansion of a nonconforming use must conform to the noise performance standard of § 300-171.
(5)
The Zoning Hearing Board may attach additional conditions
(including, but not limited in any way, to indirect lighting, screening
of an expanded nonconforming use, and noise buffering between the
expanded use and neighboring properties) to the granting of a special
exception permit for expansion of a nonconforming use or structure
for the purpose of promoting the objectives and intent of this chapter.
C.
Expansion limitation for nonconforming use or structure.
A nonconforming use cannot be expanded by more than 50% greater than
on the date it became nonconforming. If the nonconforming use, or
any part thereof, is housed in a building(s) or other structure(s),
said building(s) or structure(s) cannot have its (their) combined
building or structure footprint expanded to accommodate a nonconforming
use by more than 50% greater than the combined building(s) or structure(s)
footprint on the date it became nonconforming. If there is more than
one building on the premises when they first became nonconforming,
then the expansion limitation shall apply to combined square footage
of the footprint of the buildings or structures used for a nonconforming
use. The restriction is not intended to prevent expansion of a use
within a single building(s) to adjacent areas within the same building(s).
However, an addition to or expansion of a building to accommodate
a nonconforming use is not permitted if the building has been expanded
or enlarged to such an extent that it has been expanded or enlarged
by up to 50% of the square footage of the building(s) footprint since
the time the use of the building(s) became a nonconforming use either
at the time of the adoption of the Zoning Ordinance in 1956 or as
a result of any amendment to the ordinance subsequent to its adoption.
A nonconforming use of a structure or land may
be changed to a nonconforming use of the same or a more-restricted
classification when approved, after a special exception hearing, by
the Zoning Hearing Board. Whenever a nonconforming use of a structure
or land has been changed to a use of a more-restricted classification
or to a conforming use, such use shall not thereafter be changed to
a use of a less-restricted classification.
A.
A nonconforming structure wholly or partially destroyed
by fire, explosion, flood or other phenomenon, or legally condemned,
may be reconstructed, repaired and used for the same use, whether
conforming or nonconforming, provided structure reconstruction shall
be commenced within one year from the date the structure was damaged,
destroyed or condemned and shall be continued without interruption,
or provided the owner of such property shall, within one year from
the date the structure was damaged, destroyed or condemned, file with
the Zoning Enforcement Officer a notice of intention to reconstruct.
Such notice shall be valid for one year and shall be renewable annually
not to exceed a total of three years from the date of the casualty
loss unless, for cause shown, the Zoning Hearing Board, after a public
hearing, grants an extension. The Zoning Hearing Board, after a special
exception hearing, and for cause shown, may authorize reconstruction
in cases where notice is not filed.
B.
In no case shall the structure or use, as reconstructed,
exceed the area, height or land coverage of the original structure
or use, nor shall any nonconforming yard be further reduced.
C.
Maintenance. Nothing in this chapter shall be deemed
to prevent normal maintenance and repair of a nonconforming structure,
provided such action does not increase the degree of or create any
new nonconformity with regard to such structure or prevent the construction
contemplated upon the issuance of a building permit for any structural
alterations or demolition necessary in the interest of public safety.
If a nonconforming use of a structure or lot
ceases for a continuous period of one year or more, the nonconforming
use of the structure or the lot shall be presumed to have been abandoned,
and subsequent use of such structure or land shall be in conformity
with the provisions of this chapter of the Code.
Any nonconforming structure or use shall be
registered with the Zoning Enforcement Officer, and such registration
shall be a matter of official public record. Nonconforming structures
or uses cannot be added to the registry without Zoning Hearing Board
approval. In such cases the appellant must present to the Zoning Hearing
Board documentation indicating that the nonconforming structure or
use was in existence on January 23, 1956, or on the effective date
of an amendment to this chapter, which amendment caused a permitted
structure or use to become nonconforming. The addresses of existing
nonconforming uses is available for inspection at the office of the
Borough Secretary.
