MapLink™ | Procedures | Nonconformities

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Nonconformities
Nonconforming lots.
A. A building may be erected on a vacant lot which is not of the required area or width, provided a certificate of nonconformance has been issued for that lot by the Zoning Hearing Board in accordance with the following:
(1) A certificate of nonconformance shall be issued for a vacant lot which has been held in single and separate ownership since the effective date of the lot area and width requirements applicable to that lot.
(2) If two or more contiguous vacant lots are in a single ownership as of or subsequent to the effective date of this chapter, these lots shall be consolidated to minimize the nonconformity.
B. If a building is erected or altered on a vacant lot pursuant to a certificate of nonconformance, that building must comply with all applicable area and design requirements except minimum lot area or width. Any other deviation from those requirements shall be permitted only by variance.
C. Additions to buildings that already exist on a lot that does not have the required minimum area or width for the underlying zoning district may be permitted, subject to compliance with the following procedure:
(1) Landowner shall submit an application for registration of a nonconforming lot with the Zoning Officer.
(2) Landowner shall establish by submission of chain of ownership records that the lot has been owned in single and separate ownership since the effective date of the lot area and width requirements for the underlying zoning district.
D. Satisfaction of this requirement shall be solely within the jurisdiction of the Zoning Officer.
Use changes.
A. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
(1) Such change shall be permitted only as a special exception by the Zoning Hearing Board.
(2) The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
(3) The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(a) Traffic generation and congestion, including truck, passenger car, and pedestrian traffic.
(b) Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(c) Storage and waste disposal.
(d) Appearance.
See Article XXIX: Nonconformities for more information.