Borough of Duncannon, PA Article XIII Nonconforming Buildings and Uses

§ 225-87 Existing buildings and uses.

Subject to the provisions of this article, all lawful uses of land or of a building or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold, or maintained, even though such use does not conform to the use, height, area, yard, and other regulations of this chapter or of the district in which it is located.

§ 225-88 Continuation.

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 to the owner the right to continue a nonconforming building or use.

§ 225-89 Effect on existing building permits.

A. Where a building permit has been issued 90 or more days prior to the effective date of this chapter, and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this article.

B. Where a building permit has been issued less than 90 days prior to the effective date of this chapter, and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this article, only if at least one of the following conditions has been met prior to the effective date of this chapter:

(1) Construction other than excavation has been started.

(2) A contract for construction other than excavation has been let.

§ 225-90 Alterations.

Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use, providing such alterations and repairs are in conformance with the regulations set forth in this chapter and other applicable codes and ordinances adopted by the Borough.

§ 225-91 Extensions or enlargements.

A. The types of extensions and enlargements listed below are permitted for nonconforming uses and buildings existing on the effective date of this chapter:

(1) The extension of a nonconforming use of land upon a lot occupied by such use.

(2) The extension or enlargement of a conforming building occupied by a nonconforming use.

(3) The extension or enlargement of a nonconforming building occupied by a nonconforming use.

(4) The extension or enlargement of a nonconforming building occupied by a conforming use.

B. The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:

(1) The extension or enlargement shall conform to the height, area, yard, and coverage standards of the district in which it is located. The extension or enlargement shall not exceed 33 1/3% of the gross area occupied by the nonconforming use on the effective date of this chapter.

(2) The entire building or use shall be provided with off-street parking and loading spaces as required by Article XV, entitled "Off-Street Parking and Loading; Access."

(3) The extension or enlargement does not replace a conforming use.

(4) A nonconforming use may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification.

(5) The proposed extension will not cause an increased detrimental effect on the surrounding neighborhood.

(6) The extension or enlargement of a nonconforming building or use shall not be permitted to extend into parcels of land contiguous to the initial parcel of land existing and occupied on the effective date of this chapter, to include contiguous parcels which have been recorded separately or acquired following the effective date of this chapter.

§ 225-92 Reconstruction or restoration.

A nonconforming building or use which is damaged by reason of fire, explosion, windstorm, or other natural or criminal acts may be reconstructed and used for the same purposes, provided that:

A. The reconstruction and/or restoration is commenced within one year from the date the damage occurred and is carried to completion without undue delay; and

B. The building or occupied area does not exceed the volume, height, and area of the original structure and occupied use.

§ 225-93 Discontinuance.

If a nonconforming use of land or building ceases operations for a continuous period of one year, such use shall not thereafter be reinstated, and the structure shall not be reoccupied except in conformance with the provisions of this chapter.

§ 225-94 District changes.

Whenever the boundaries or uses of a district shall be changed, the foregoing provisions shall also apply to any nonconforming uses or buildings existing therein or created thereby.

§ 225-95 Unsafe structures.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a structure or building declared unsafe by proper authority.

§ 225-96 Nonconforming signs.

Signs in existence at the effective date of this chapter may be continued, subject to § 225-93 above and regulations set forth in Article XIV, Signs, of this chapter.