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Subject to the provisions of this section, a use of land or building, existing at the time of the enactment of this chapter, may be continued even though such use does not conform with the provisions of these regulations for the district in which it is located.
(a) No enlargement or expansion shall be permitted except as approved by the Board of Zoning Appeals.
(b) Except by variance granted by the Board, no building arranged, designed and devoted to a nonconforming use and conducted without abandonment as stated in Section 1137.02 may be reconstructed, structurally altered or enlarged in any lawful manner, or extended so as to increase floor space over that existing, unless the use of the building is changed to conforming use.
(c) If any nonconforming structure or use is, by any cause, damaged to the extent of fifty percent (50%) of its value as determined by the Building Inspector, it shall not thereafter be reconstructed as such.
(Ord. C79-74. Passed 1-20-75; Ord. C37-99. Passed 7-6-99.)
(d) Nothing in this chapter shall prevent the use of presently subdivided, nonconforming lots for purposes approved in Chapter 1135.
(Ord. C48-78. Passed 8-21-78.)
(e) The Board may provide, upon appeal from a refusal of issuance of a permit by the Building Inspector for completion, restoration, reconstruction, extension or substitution of any nonconforming use.
(Ord. C79-74. Passed 1-20-75.)
A nonconforming use of a building or land which has been abandoned shall not thereafter be returned to such nonconforming use. The enactment of this section shall not in any way affect the force and legality of previous orders requiring the discontinuance of nonconforming uses. A nonconforming use shall be considered abandoned, as follows:
(a) When the intent of the owner to discontinue use is apparent.
(Ord. C79-74. Passed 1-20-75.)
(b) When voluntarily discontinued for a period of not less than six months.
(Ord. C54-91. Passed 8-19-91.)
(c) When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within ninety days, unless other facts show intention to resume the nonconforming use.
(d) When such nonconforming use has been replaced by a conforming use.
(e) When such nonconforming use has been changed to another use by special permission from the Board of Zoning Appeals.
(Ord. C79-74. Passed 1-20-75.)
Nothing contained herein shall require any change in plans, construction or designated use of buildings for which a building permit has been issued; and
(a) The construction of which has begun within ninety days of the date of such permit;
(b) The ground story framework, including the second tier of beams have been completed within one year of the date of such permit;
(c) The entire building has been completed according to such plans as filed within three years from the date of passage of this Zoning Code (January 20, 1975).
(Ord. C79-74. Passed 1-20-75.)
On properties currently in use where setback lines are not established the following shall govern:
(a) On property fronting upon any street where forty percent or more of such frontage is improved with residences, all future buildings shall maintain a frontage aligned with the existing buildings. Such alignment shall be regular within a range of variation no greater than three feet. For cases where existing alignments vary to a greater extent, the Planning Commission shall establish rules for defining and regulating building lines as may in its opinion serve the purpose of this section.
(b) On property fronting upon any street where sixty percent or more of such frontage is improved with buildings that are built at the street line, the street line shall be the building line.
(c) Whenever any parcel of land now separately owned, and which was so owned prior to the passage of this chapter (January 20, 1975), is of such restricted area that it cannot be appropriately improved without building beyond the front yard line established by the above sections, the Planning Commission shall, on application in a specific case, authorize the construction of a building beyond such front yard line to an extent necessary to secure an appropriate improvement of such parcel of land.
(d) On lots adjoining a street frontage along which either no building line or a front yard line nearer to the street is provided; the Planning Commission may, upon application in a specific case, permit a building or a portion thereof to be erected beyond the building line as herein provided.
(Ord. C79-74. Passed 1-20-75.)
(a) If the building is not over two stories in height, the cornices or eaves may project not over two feet into the side yard.
(b) An open fire escape may project not more than four feet into a side or rear yard.
(Ord. C79-74. Passed 1-20-75.)
(c) No fence on any lot shall be erected more than five feet (60 inches) in height above the plane of the finished grade of a lot at the location of the fence on the lot, except screening or privacy fences. The height of a screening or privacy fence shall not exceed the height of six feet (72 inches). A screening or privacy fence shall be constructed of wood conditioned for exterior use or chain link with metal slabs of one color.
No fence shall be erected between the building setback line and the street right-of-way line except:
(1) On corner lots: A decorative fence shall be permitted parallel to and within one foot (1') of the right-of-way line of the street parallel to the lot's side yard and shall be installed so as to not obstruct the vision of vehicular and pedestrian traffic through the intersection. The fence shall not be over forty-two inches (42") in height and constructed of no more than three (3) split rails or boards which do not exceed six inches (6") in width. The rails or boards shall have at least six inches (6") clear space between them. The return along the right-of-way shall not exceed eight feet (8') toward the interior of the lot.
(2) On interior lots: On side lot lines of interior lots, a decorative fence shall be permitted parallel to side lot lines and to within one foot (1') of the right-of-way line of both the side and front of the lot. The fence shall not be over forty-two inches (42") in height and be constructed of no more than three (3) split rails or boards that do not exceed six inches (6") in width. The rails or boards shall have at least six inches (6") clear space between them. The return along the right-of-way to the front of the property shall not exceed eight feet (8') toward the interior of the lot.
(3) Flower beds: Fences under fifteen inches (15") in height that are used for the protection of flowers and shrubs that enclose less than five percent (5%) of the area between the building setback line and street right-of-way line and fences less than twelve feet (12') long and four feet (4') high that run parallel to the front of the dwelling and are within eight feet of the building line.
(Ord. C5-85. Passed 2-18-85.)
(d) All fences in existence at the time of the passage of this chapter (January 20, 1975) conforming to prior ordinances shall not be required to conform to this chapter.
(Ord. C79-74. Passed 1-20-75.)
(e) No person, firm or corporation shall construct any fence from any material whatsoever without first securing a fence erection permit from the Division of Building Regulations. Application for a permit shall include a site plan indicating the location, material and height of the proposed fence. All fences shall be constructed of durable materials and in good building practice and standards and shall be subject to inspection by the Division.
(Ord. C29-88. Passed 5-16-88; Ord. C43-14. Passed 8-4-14.)
(f) No person shall locate, construct or install any swimming pool or make any change in such pools or appurtenances thereof without complying with the provisions in Chapter 1325. (Ord. C43-14. Passed 8-4-14.)
(g) No shrub, trees or plantings shall be planted or allowed to grow so as to obstruct sidewalks or streets or obstruct the vision of pedestrians or vehicular traffic.
(Ord. C79-74. Passed 1-20-75.)
Off-street parking facilities as required in this Zoning Code shall be provided in accordance with the following:
(a) Existing nonconforming off-street parking facilities use shall be permitted until such time as the use of the existing building changes or alterations are made to the existing structure. Existing off-street parking facilities provided at the effective date of this chapter (Ordinance C79-74) and actually being used at that date for the parking of automobiles in connection with the operation of an existing building or use shall not be reduced to an amount less than herein required under this Zoning Code for a similar new building or new use except as permitted by the Planning Commission.
(b) Additional off-street parking facilities shall be provided on the basis of the total applicable units of measurement when a building use is altered or expanded or when the number of employees is increased. The parking requirements shall be changed to conform to the changing use of the building it supports.
(c) In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a similar use shall apply.
(d) In the case of mixed uses, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately, and off-street parking facilities for one use shall not be considered as providing required parking facilities for any other uses except as herein specified for joint use; except that, the above provisions shall not apply where a use is accessory to the main use and is not intended to serve additional patrons or employees.
(e) Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses; provided that, the total of such off-street parking facilities provided collectively shall not be less than the sum of the requirements for the various individual uses computed separately.
(f) Joint use of not more than fifty percent of the off-street parking facilities required by this Zoning Code for theaters, bowling alleys, dance halls and establishments for the sale and consumption on the premises of beverages, food or refreshments, may be supplied by off-street parking facilities provided for other kinds of buildings or uses, as defined below, not normally open, used or operated during the same principal operating hours, provided that, a written consent is executed by the parties concerned for the joint use of the off-street parking facilities, a copy of which shall be filed with the application for a building permit.
(g) Joint use of not more than fifty percent of the off-street parking facilities required by this Zoning Code for banks, business offices, retail stores, personal service shops, household equipment or furniture shops, and manufacturing buildings and similar uses, may be supplied by off-street parking facilities provided for other kinds of buildings or uses as defined in subsection (f) hereof which are not normally used, open or operated during the same principal operating hours, provided that written consent is executed and filed as specified above.
(h) Other alternate uses may be approved by the Planning Commission.
(i) For a private residence or a residential structure with a Special Use Permit authorizing use as a boarding house, bed and breakfast inn, group family home, group multi-family home or fraternity or sorority house, the parking facilities shall be on the same lot or parcel of land as the building they are intended to serve.
(C09-05. Passed 2-22-05.)
(j) For all accessory, commercial and industrial uses, the parking facilities shall be within 1,000 feet of the facilities they are intended to serve, unless otherwise noted. The distance stated above shall be measured between the nearest point of the parking facilities and the nearest point of the building.
(k) All parking facilities of five or more parking spaces, having an exit on a public street, shall be so designed that each car leaving such facility shall be traveling in a forward motion when entering traffic.
(l) (This subsection was repealed by Ordinance C57-78, passed September 5, 1978.)
(m) All driveways to a parking facility from the curb to the lot line shall be subject to the rules, regulations, inspections and permit by the Division of Building Regulations.
(n) Customer and commercial parking facilities operated after sundown shall be lighted during such operation to insure safety to both pedestrian and motorist.
(Ord. C79-74. Passed 1-20-75.)
(o) When improvements are made on lots or parcels of land that front on the following streets, provisions shall be made on these lots or parcels of land, outside of the street right of way lines, for vehicles to turn around so that when entering these streets the vehicles shall be moving in a forward direction. On State highways and heavily traveled roads, the Planning Commission or Council may limit the number, size and location of access points and/or require service roads.
Home Road
Southwest Boulevard (Demorest Road to Richard Avenue)
Grove City Road
Columbus Street (Broadway to Hoover Road)
Stringtown Road
White Road
Orders Road
Broadway and/or Harrisburg Pike
Haughn Road (South of Woodgrove Drive)
Demorest Road
Hoover Road
Marlane Drive
Hawthorne Parkway
Buckeye Parkway (From 665 to Holton Road)
S.R. 665 (Within or adjacent to incorporated area)
Borror Road (Within or adjacent to incorporated area)
South Meadows Drive
Enterprise Parkway
Seeds Road (Within or adjacent to incorporated area)
Old Stringtown Road
Brookham Drive
McDowell Road
Rensch Road
Harrisburg Station Lane.
Big Run Road
Holt Road
Holton Road
Gateway West Drive
(Ord. C20-82. Passed 4-19-82; Ord. C3-03. Passed 2-3-03.)
(a) Loading space shall be provided and maintained on the same premises with every building, structure or part thereof, erected and occupied or intended to be used for manufacturing, storage, warehouse, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution, by vehicles, of materials or merchandise.
(b) Such space, unless otherwise adequately provided for, shall include a 10 by 25 foot loading space with a 14 foot height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of building floor or land use for abovementioned purpose.
(c) Loading and unloading space shall not be occupied or considered as any part of the required customer or employee parking area.
(d) Loading and unloading space shall not occupy any part of a public right of way.
(Ord. C79-74. Passed 1-20-75.)
Private garages in residential and apartment districts shall be so located and constructed as to conform to such of the following requirements as shall be applicable considering the use for such garage and the district in which it is located.
(a) Garages shall not be an accessory use to a lot in a residential type district unless such lot is occupied by a residence or unless a building permit has been issued and construction started on a residence building on such lot;
(b) Garage provisions, as an accessory use in a D-1, D-2 or A-1 District shall not provide for more than two motor vehicles for each family for which such residence is arranged or designed;
(c) When garage provision as an accessory use is built in a terrace or retaining wall on the front or side of the lot, such garage shall not project in front of the terrace or retaining wall more than three feet, and in no case above the level of the ground, or main floor of a residence on an adjoining lot;
(d) No separate garage building shall be erected in a terrace or retaining wall closer to a street than the required building line, or closer than minimum side yard requirement or building line to an adjoining lot line. On corner lots, the separate garage building shall not be closer to it than five feet to the lot line opposite the front lot line, nor closer than the building line of the side street;
(e) All detached garages and accessory buildings shall have such separation from residence or apartment as specified in the Building Code. (Ord. C50-10. Passed 8-16-10.)
(f) No part of any detached garage or accessory building shall be erected closer than three feet to a side lot line on a lot having a width of sixty-five feet or less, at the building line, closer than four feet to the side lot line on a lot having a width over sixty-five feet and not more than seventy-five feet at the building line, or closer than five feet to a side lot line on a lot seventy-five feet or more at the building line; except that, when the lot is less than 110 feet in depth from the front property line and seventy-five feet or less at the building line, no part of any detached garage or accessory building shall be erected closer than three feet from the side lot line. No garage or accessory building shall be erected nearer than twelve feet from a dwelling on an adjacent lot.
(Ord. C79-74. Passed 1-20-75.)
(g) All accessory buildings up to and including 200 square feet of floor space are considered portable and require a permit, the cost of which is ten dollars ($10.00). All buildings over 200 square feet shall be considered permanent and require a permit as set forth in Chapter 1305. Portable buildings do not require permanent foundations and may be located in part of the rear or side yard.
(Ord. C52-78. Passed 8-21-78; Ord. C50-10. Passed 8-16-10.)
(h) No detached garages and accessory buildings shall exceed a wall height of eight feet above finished floor, and an overall maximum of 13 feet above finished floor.
(Ord. C79-74. Passed 1-20-75; Ord. C50-10. Passed 8-16-10; Ord. C61-10. Passed 10-18-10.)
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