A.
Unless otherwise specified in this Article XV, all lawful uses existing on the effective date of this chapter may be continued, altered, extended, expanded and/or enlarged, restored, reconstructed, sold or maintained in accordance with the provisions of this chapter.
B.
All lawful nonconforming lots of record, due to lot areas and/or
dimensions, existing on the effective date of this chapter or created
by an amendment to this chapter, may be continued although such lots
do not conform to the lot requirements for the zoning district in
which they are located.
A.
Nonconformities 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. The Zoning Officer,
upon proof of a legal nonconformity, may certify the existence of
the nonconformities.
B.
Should a nonconformity not be reported or identified within one year,
the owner of the nonconformity shall have the right to show by a preponderance
of the evidence to the Zoning Officer that the nonconformity existed
upon the effective date of this chapter.
A.
Any existing lot of record held in sole and separate ownership different from the ownership of abutting lots may be used for the establishment of a use and/or erection of a structure which will contain a use permitted by the applicable zoning district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth in this Article XV.
B.
Otherwise, the following requirements apply to the development and
use of a nonconforming lot:
(1)
Where possible, contiguous nonconforming parcels under common
ownership should be combined to create conforming lots.
(2)
No provision of this chapter relating to front, side and/or
rear setback requirements shall prevent the reasonable use of a nonconforming
lot of record. The Zoning Officer may grant a reduction in the requirement
for side and/or rear setbacks for lots of record which lack required
lot width or depth. However, in no event may such setback dimensions
be reduced by more than 20% of which is required without the approval
of the Zoning Hearing Board.
A.
Alterations and reconstruction.
(1)
Repairs, routine maintenance, and/or structural alterations
not constituting an extension, expansion and/or enlargement may be
made to a nonconforming use or structure or to a structure occupied
by a nonconforming use, provided such repairs, maintenance and/or
structural alterations do not change the use or the exterior dimensions
of the structure, building or use.
B.
Restoration of structure or use.
(1)
Where the applicant of a nonconforming use or structure can
demonstrate the nonconforming use or structure has been damaged or
destroyed whereby the cost of restoring the structure or use to the
before-damaged condition would equal or exceed 50% of the market value
of the structure or use before the damage occurred, the nonconforming
use or structure shall not be restored except in conformity with the
regulations of the zoning district in which it is located and all
other applicable standards of this chapter.
(2)
Where the applicant of a nonconforming use or structure can
demonstrate the nonconforming use or structure which has been damaged
or destroyed whereby the cost of restoring the structure or use to
its before-damaged condition would be less than 50% of the market
value of the structure or use before the damage occurred, the nonconforming
use or structure may be restored and used as before the time of the
damage, provided that:
C.
Extensions, expansions and enlargements.
(1)
The Zoning Officer may permit the extension, expansion and/or
enlargement of lawful nonconforming uses and structures if the applicant
proves to the satisfaction of the Zoning Officer that all of the terms
and conditions set forth below are satisfactorily addressed:
(a)
Any extension, expansion or enlargement of a nonconforming structure
or use shall be permitted as long as the maximum impervious lot coverage
is not exceeded.
(b)
Any extension, expansion or enlargement of a nonconforming structure
or use shall not exceed 20% of the total gross floor area of the nonconforming
structure or total gross lot area of the use (as applicable) at the
time it became nonconforming.
(c)
Any extension, expansion or enlargement shall conform to the
building height, area/footprint, setback and impervious lot coverage
regulations of the zoning district in which it is located:
[1]
If an existing structure or use has a lawfully nonconforming
setback, additions and expansions may occur to increase the height
above such setback or to extend other portions of the structure or
use out to the nonconforming front, side and/or rear setback line,
provided that:
[a]
The use or 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 20% of the existing floor area or lot area (as applicable).
[e]
Such addition shall not be permitted for a structure
proposed for use by a nonresidential use on a lot that abuts a lot
with an existing permitted residential use in the residential districts.
(d)
All loading and parking spaces for any extension, expansion
or enlargement shall comply with the requirements of this article.
(e)
Any extension, expansion or enlargement of a nonconforming structure
or use shall not be permitted to extend into vacant parcels of land
adjacent to the parcel containing the nonconforming structure or use,
where such vacant parcels have been separately recorded or acquired
prior to the effective date of this chapter.
(g)
The intensity of a nonconforming use, and resulting nuisances
such as air pollution, noise, glare, vibrations, delivery traffic,
hazards, etc., shall not be increased.
A.
Whenever a nonconforming use has been changed to a conforming use,
such use shall not thereafter be changed to a nonconforming use.
B.
Whenever a nonconforming use has been changed to a more restricted classification (e.g., business office to single-family residential) or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification (e.g., single-family residential to retail store) unless in compliance with the rules for such change as outlined by this Article XV.
C.
A nonconforming use may be changed to another nonconforming use only by the granting of a special exception by the Zoning Hearing Board in compliance with Article XVII of this chapter relating to the Zoning Hearing Board. Where a special exception approval is required, the Zoning Hearing Board shall determine whether the applicant has provided sufficient proof to show the following:
(1)
The proposed use is in general conformity with the most recent
version of the Paxtang Borough Comprehensive Plan, and/or other applicable
plans adopted by Paxtang Borough, and will be in harmony with the
zoning district, neighborhood and area in which it is proposed to
be located.
(2)
The external impacts associated with the proposed use would
be equal to or less intensive than the external impacts associated
with the existing nonconforming use.
(3)
The character of the proposed use would be similar to the character
of the existing nonconforming use.
(4)
The location of the proposed use would not endanger the public
health and safety, and the use will not deteriorate the environment
or generate nuisance conditions such as traffic congestion, noise,
dust, smoke, glare or vibration.
(5)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with Article XII of this chapter relating to nonresidential and other uses waste handling requirements, and with all state and federal regulations.
(6)
The proposed use shall comply with Borough building, health,
housing, rental, safety, property and other applicable local, county,
state and federal code and licensing requirements. All such licenses,
certificates and permits shall have been obtained and presented to
the Borough, or shall be a condition of approval.
(7)
The applicant shall provide:
(a)
An hours of operation and management plan as required in Article XII of this chapter relating to hours of operation and management plan.
(c)
A plot/site plan(s) required in Article XVII of this chapter relating to applications for zoning permits.
(d)
A schematic architectural drawing of the principal building's
front facade(s).
A.
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.
B.
A nonconforming use 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.
C.
Except for in a mobile/manufactured home park, the removal of a nonconforming
mobile/manufactured home from the site it occupied, and if such site
is not leased, actively marketed or purchased within one year or less,
shall constitute abandonment of the site, and any occupation or subsequent
use of said site shall conform with the provisions of this chapter.
D.
The removal of a mobile/manufactured home from a residential lot
already occupied by a residential structure shall constitute abandonment
of the nonconforming use, and such use shall not thereafter be permitted.
E.
Mobile/manufactured home parks which are nonconforming under the
terms of this chapter shall be operated in accordance with Public
Health Regulations, Commonwealth of Pennsylvania, DEP, under the provisions
of Act 175 of April 9, 1929, P.L. 177,[1] as amended, and all other applicable laws.
[1]
Editor's Note: The "Administrative Code of 1929," see 71 P.S.
§ 51 et seq.
A.
Unless otherwise provided in this section, signs legally existing as of enactment of this chapter and which do not conform to the requirements of this chapter shall be considered nonconforming signs and shall comply with all other sections in this Article XV, except that a nonconforming sign shall not be extended, expanded or enlarged in any manner that would increase the degree of the nonconformity.
B.
The sign area (sign face surface area) of an existing lawful nonconforming sign may be replaced with a new sign area (sign face surface area), provided the new sign area (sign face surface area) is not more nonconforming in any manner than the previous nonconforming sign area (sign face surface area). See definition of "sign, face" in § 425-10.[1]
