The regulations governing existing nonconforming uses are set
forth in this Part and are intended to provide a gradual remedy for
the incompatibilities resulting from such nonconforming use. While
such uses are generally permitted to continue, these regulations are
designed to restrict further investment in such uses thereby keeping
them from becoming more permanent establishments in appropriate locations.
Area nonconformity refers to that aspect of a structure or
use as a zoning lot which is not in compliance with the applicable
yard, coverage or other area provisions in this Zoning Chapter or
in an amendment, heretofore or hereafter enacted, where such structure
or use lawfully existed in compliance with such requirements prior
to the enactment of this chapter or such amendment.
Bulk nonconformity refers to the bulk of a structure which
does not comply with the applicable size, height or other bulk provisions
in this Zoning Chapter, or in an amendment, heretofore or hereafter
enacted, where such structure lawfully existed in compliance with
such provisions prior to the enactment of this chapter or such amendment.
A nonconforming lot is any lot which does not conform with
one or more of the following: minimum width, depth and area dimensions
for the district where such lot is situated.
Nonconforming structure means a structure, or part thereof,
which is manifestly not designed to comply with the applicable use
provisions in the Zoning Chapter or amendment, heretofore or hereafter
enacted, where such use was lawfully in existence prior to the enactment
of this chapter or such amendment. Nonconforming structures include,
but are not limited to, nonconforming signs.
Nonconforming use means a use, whether of land or structure,
or part thereof, which does not comply with the applicable use provisions
in this Zoning Chapter or amendment, heretofore or hereafter enacted,
where such use was lawfully in existence prior to the enactment of
this chapter or such amendment.
Nonconforming uses, nonconforming structures, bulk nonconformities
and area nonconformities may be continued except as otherwise set
forth in this Part. No nonconforming use or structure shall be enlarged,
reconstructed, structurally altered or changed except as permitted
by the provisions of this Part.
The owner or occupant of the premises occupied by a nonconforming
use shall secure, within one year after the effective date of this
chapter, a Certificate of Nonconformity from the Zoning Officer. The
Zoning Officer shall certify that the use is not in compliance with
the presently applicable requirements of the Borough of Stroudsburg's
Zoning Ordinance and is thus a nonconforming use.
No area or bulk nonconformity may be changed or increased in
any way so as to depart further from the presently applicable requirements.
Whenever a nonconforming use is permitted to be enlarged or expanded
under the provisions of this chapter or pursuant to judicial decision,
such enlargement or expansion shall not be permitted to violate or
to depart further from compliance with, the area and bulk regulations
applicable to permitted uses in the zone in which it is located.
[As amended by Ord. 697, 10/10/1990, § 7]
The following development is permitted on a lot having an area
nonconformity, if such lot was held in separate ownership from all
adjoining lots on the effective date of the chapter provision which
resulted in the area nonconformity, and if there is no violation of
subdivision regulations:
1.
If the lot is located in the R-1, R-2 or R-3 district, a single-family
dwelling may be constructed on it as a permitted use, provided that
the lot is in at least 85% compliance with each of the following requirements
for the single-family dwelling, as specified in the district in which
the lot is located; lot area, lot width, and maximum building coverage.
All other requirements of this chapter must be met.
2.
If the lot is located in any remaining district, then a structure
not exceeding two stories in height may be constructed on it, for
a use permitted in the district in which it is located — Off-street
parking and loading requirements shall be complied with and front,
side and rear yard setback requirements shall be met except if reduced
by the granting of a variance by the Zoning Hearing Board.
[As amended Ord. 646, 4/13/1988, § 13]
Any proposed changes to nonconforming uses and structures must
be in accordance with the following regulations:
1.
A nonconforming use or structure shall not be extended to displace a conforming use or structure, except as provided for in § 27-908 of this chapter.
2.
Structures, buildings or uses, either main or accessory shall not
be combined for the purpose of extending a nonconforming use or creating
a different nonconforming use.
3.
When authorized by the Zoning Hearing Board as a special exception,
a nonconforming use may be changed to another nonconforming use if
the Zoning Hearing Board finds that all of the following standards
are met:
A.
The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
B.
The proposed change shall be less objectionable in external effects
than the previous nonconforming use, and will be more consistent physically
with its surroundings.
C.
There will be no increase in traffic generation or congestion including
both vehicular and pedestrian traffic.
D.
There will be no increase in the danger of fire or explosion.
E.
There will be no increase in noise, smoke, dust, fumes, vapors, gases,
heat, odor, glare, vibration or electrical disturbance.
F.
There will be no increased threat to public health, safety, and general
welfare.
[As amended by Ord. 646, 4/13/1988, § 14; and by Ord. 697, 10/10/1990, § 8]
A nonconforming structure or nonconforming use shall not be enlarged except as a Special Exception approved by the Zoning Hearing Board in accordance with §§ 27-1002 and 27-1003 and the following:
1.
A nonconforming use or structure may not be enlarged more than 20%
of the existing floor or ground area, except for junk yards which
may not be enlarged.
2.
A nonconforming structure or use after enlargement shall conform
to all area and bulk requirements applicable to conforming buildings
in the zone in which it is located and to all applicable off-street
parking and loading requirements.
4.
Enlargement of a nonconforming use shall be only upon the same lot
or any contiguous lot purchased by the owner of the nonconformity
in existence within one year of the date the use became nonconforming.
Where a nonconforming structure or structure containing a nonconforming
use is legally condemned or damaged by fire, explosion, flood or other
natural causes to an extent not exceeding 50% of its replacement value
at the time of reconstruction, the nonconforming structure may be
reconstructed for such purpose provided that application for all necessary
permits is filed within six months of the notice of condemnation or
damage by natural causes and the restoration is completed within 18
months thereafter.
1.
Structures. A nonconforming structure shall not be reconstructed
where destroyed by fire or other natural cause to an extent greater
than 50% of the replacement value.
2.
Structure. A nonconforming use in a nonconforming structure shall
be deemed abandoned and shall be terminated if the structure is altered
so that it is designed for a conforming use.
3.
Change to Conforming Use. Where a nonconforming use is changed into
a conforming use, the nonconforming use may not thereafter be resumed.
A change from one nonconforming use to another without approval of
the Zoning Hearing Board shall be considered an abandonment of the
prior nonconforming use, which shall not thereafter be resumed.
4.
Abandonment. The right to a nonconforming use shall be terminated and a nonconforming use shall not be resumed if a nonconforming use is abandoned. A nonconforming use shall be deemed to be abandoned if it is changed as set forth in § 27-910, Subsection 3, or if it is discontinued for a period of one year or more without evidence of intent to resume the nonconforming use, as by actions to maintain or rent the premises for such nonconforming use or otherwise.
A nonconforming building altered or erected or a nonconforming
use created, in violation of any previous provision, shall be regarded
as continuing in such violation and shall not enjoy the privilege
of legal continuance conferred by this Part upon other nonconforming
buildings and uses.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses or structures existing therein.
