Township of Plymouth, PA Article XVIII Nonconforming Buildings, Structures, Uses and Lots

Section 1800 Nonconforming buildings, structures and uses.

[Ord. No. 604, § 1, 11-9-1970; Ord. No. 1382, § 11, 8-12-2002]

A. Continuation. Any buildings or other structure, or any use of a building or other structure or land, lawfully existing immediately prior to the effective date of this ordinance which does not conform with the provisions of this ordinance shall be considered a lawful nonconforming building, structure or use and may be continued, except as otherwise herein provided.

B. Change. Any lawful, nonconforming use of a building or land may be changed to another nonconforming use of the same or more restrictive classification when authorized as a special exception by the Zoning Hearing Board and provided that the Zoning Hearing Board shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming uses. In permitting such change, the Zoning Hearing Board may require appropriate conditions and safeguards in accord with the provisions of this ordinance. Such change shall not thereafter be subject to any further change except to a conforming use, and for such purpose a building may be extended in accordance with paragraph E. of this section. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.

C. Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm or other similar active cause may be reconstructed in the same location, provided that:

1. The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, except as provided in paragraph E. of this section; and

2. Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.

D. Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this ordinance.

E. Extension. Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this ordinance, provided that the area of such building shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made; and provided further, that any alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located.

Section 1801 Lots nonconforming as to area and width regulations and lots of unusual dimensions.

[Ord. No. 793, § 1, 3-13-1978]

In any residential district, for any use permitted in such district, a building may be erected or altered on any unimproved lot held in single and separate ownership on the effective date of this ordinance which is not of the required minimum area or width, upon the granting of special exception by the Zoning Hearing Board, subject to the provisions of article XXI, section 2101.B.