MapLink™ | Procedures | Nonconformities - Registration, Abandonment, Reestablishment and Alterations

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Nonconformities - Registration, Abandonment, Reestablishment and Alterations
Registration. It shall be the responsibility of the party asserting a nonconformity to provide the evidence that the nonconformity is legal. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence. The Zoning Officer may submit any application for a certificate of nonconformance to the Planning Commission for its review and recommendation with regard to the evidence of nonconformity.

Abandonment and reestablishment of nonconformities.
Unless extended in accord with this section, if a nonconforming use of land or structure ceases operations, is discontinued, is vacated or is otherwise abandoned for a period of 12 months or more, then this shall be deemed to be an intent to abandon such nonconforming use, and any subsequent use of the land or structure shall be for conforming purposes only, and said use shall in all respects conform to the applicable provisions of this chapter. The Zoning Officer may notify, in writing, the title owner of the land and/or structure that the twelve-month period has expired. A change of a nonconforming use to a conforming use shall be considered an abandonment of the nonconforming use which shall not thereafter revert to a nonconforming use.

Alterations and expansions of nonconforming structures.
A. Alterations. The alteration or expansion of nonconforming structures shall be permitted only in accord with this section.
B. Procedure; permits. All applicable permits for the alteration or expansion of a nonconforming structure shall be required. Such alteration or expansion shall be considered a special exception if the alteration or expansion involves a change or extension of a nonconforming use as regulated by § 215-64: Changes of nonconforming uses and § 215-65: Extension of nonconforming uses of this chapter, respectively.
C. Nonconforming setbacks. If a building has a lawful nonconforming front, side or rear building setback, the structure may be altered to increase the height above such setback or to extend other portions of the building up to such nonconforming setback, but not to exceed a distance of 50% of the existing nonconforming part of the structure as it existed at the date of the adoption of the original Mount Pocono Borough Zoning Ordinance, as amended, reenacted and replaced. Any extension shall be the lower of the following: the preexisting height of the structure or the maximum height permitted by this chapter.
D. Increase in area or bulk nonconformity. In the case where a proposed alteration or expansion of a nonconforming structure will result in an increased nonconformity of setback, height, lot coverage or other area or bulk standard, a variance shall be required from the Zoning Hearing Board.

See Certificate of Nonconformance for more information.