Except as otherwise provided in this section, any use, building, or structure existing at the time of enactment of this chapter may be continued, subject to the limitations described in this article, although it is not in conformity with the regulations specified by this chapter. However, the storage of junk on residential properties is subject to amortization as described in § 380-132 of this chapter.
All nonconforming signs (except billboards), the storage of
junk upon residential property and other nonconforming uses of open
land, when discontinued for a period of 90 days or damaged or deteriorated
to an extent of 60% or more of replacement costs, shall not be continued,
repaired, or reconstructed. No other nonconforming use may be reestablished
after it has been discontinued for 24 consecutive months. Vacating
of premises or building or nonoperative status of such premises or
building shall be conclusive evidence of discontinued use.
Any lawful nonconforming use of land exclusive of buildings
and structures and the use contained therein may be extended upon
the lot upon which it exists at the time of the effective date of
this chapter, but such extension shall conform to area and lot regulations
and to the design standards of this chapter. The extension of a nonconforming
use on a lot shall be limited to the lot that was in existence on
the effective date of this chapter.
A.
Any nonconforming use may be expanded or altered through the approval of a special exception, provided that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2) and specifically as follows:
(1)
Expansion of the nonconformity shall be confined to the lot
on which it was located on the effective date of this chapter, or
any amendment thereto creating the nonconformity;
(2)
The total of all such expansions or alterations of use shall
not exceed an additional 50% of the area of those buildings or structures
devoted to the nonconforming use as they existed on the date on which
such buildings or structures first became nonconformities. The applicant
shall furnish conclusive evidence as to the extent of the nonconformity
when it was created;
(3)
Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter;
(4)
Provision for yards, building height and building area shall
be consistent with the standards required for permitted uses in the
zone in which the nonconformity in question is located;
(5)
Appearance should be harmonious with surrounding properties;
this feature includes but is not limited to: landscaping, enclosure
of principal and accessory uses, height control, sign control, architectural
control and maintenance of all improvements and open spaces;
(6)
Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, plantings and open spaces; and
(7)
The expansion shall not create new dimensional nonconformities
or further increase existing dimensional nonconformities.
B.
Any dimensional nonconformity may be reduced by permitted use, even if the reduction does not entirely eliminate the dimensional nonconformity. Except as noted below in Subsection C of this chapter, no extension or enlargement of a dimensional nonconformity shall be permitted.
C.
Any structure that has one or more nonconforming setbacks may be
extended along the same nonconforming setback(s) line, up to a maximum
of 50%, or 100 feet, whichever is less, of the area of the building
that follows the setback when it was originally made nonconforming;
the diagram below illustrates this regulation. Nothing within this
section shall be interpreted to allow an increase in any dimensional
nonconformity.
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D.
Dimensional nonconformities can be created as a permitted use through
the acquisition of land and/or rights-of-way by a governmental agency.
A.
A nonconforming use may be replaced or substituted by another nonconforming
use by special exception, if the Zoning Hearing Board determines that
the proposed use is at least equally compatible with the surrounding
area, than the original nonconforming use. In addition, the proposed
nonconforming use shall not increase any dimensional nonconformities.
The Zoning Hearing Board may attach reasonable conditions to the special
exception to maintain or improve compatibility within its surroundings.
B.
If a nonconforming use is proposed to be replaced with a conforming
use that cannot meet certain design standards (such as area, coverage,
setbacks, etc.), the Zoning Hearing Board may grant a special exception
to permit such nonconforming aspects of the conforming use, if the
Board determines that the proposed use is at least equally compatible
with the surrounding area, than the original nonconforming use. The
Zoning Hearing Board may attach reasonable conditions to the special
exception to maintain or improve compatibility within its surroundings.
A nonconforming structure that is partially damaged or entirely
destroyed by natural or accidental causes not related to demolition
may be rebuilt and occupied for the same use as before the damage,
provided that the reconstructed structure shall not increase any dimensional
nonconformity and that the reconstruction shall start within one year
from the time of damage to the structure and carried on without interruption.
If a nonconforming structure or building or portion thereof
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or maintenance and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired, or rebuilt
except in conformity with the regulations of the zone in which it
is located.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign,
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
Any external storage of junk (as defined herein) upon a property
used as a principal residence that was legally existing as of the
effective date of this chapter shall be considered nonconforming.
All such storage may continue for a period of up to six months from
the effective date of this chapter. After the six-month period, all
such storage shall be removed. Failure to remove such junk shall constitute
a zoning violation. Any improvement, repair, reconstruction, or any
other alteration made to the area used to store junk during the six-month
period shall not waive the requirements for elimination of the use.
Subject to the provisions of Section 508(4) of the Act,[1] in any zone in which single-family detached dwellings are permitted, a single-family detached dwelling may be erected as a use by right on any single lot, as defined in this chapter, existing in single and separate ownership on the effective date of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the zone in which the lot is located. However, all setback and lot coverage requirements shall be met unless variances are authorized pursuant to § 380-139C of this chapter.
[1]
Editor's Note: See 53 P.S. § 10508(4).
Any use that is permitted by variance under the terms of this chapter shall not be deemed a nonconforming use. Any expansion and/or alteration of such use will require approval of another variance by the Zoning Hearing Board in accordance with § 380-139C of this chapter.
