As used in this article, the following terms shall have the
meanings indicated:
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking or buffering,
but which structure or lot was lawfully in existence prior to the
enactment of this chapter or its amendment, was lawfully in existence
prior to its location in the Borough by reason of annexation or was
lawfully created as a variance duly authorized by the Zoning Hearing
Board.
A use, whether of land or structure, which does not comply
to a use regulation prescribed by this chapter for the district in
which it is located, but where such use was lawfully in existence
prior to the enactment of this chapter or its amendment or prior to
the application of this chapter to its location by reason of annexation.
A.Â
Continuation. The lawful use of a building or structure or the lawful
use of any land as existing and lawful at the time of the enactment
of this chapter, or in the case of an amendment to this chapter, then
at the time of such amendment, may be continued except as hereinafter
provided, although such use or structure does not conform to the provisions
of this chapter or subsequent amendments.
B.Â
Restoration.
(1)Â
A nonconforming structure which has been damaged or destroyed
by fire or other cause to an extent of less than 75% of its market
value or a nonconforming structure which has been legally condemned
may be reconstructed, provided that:
(a)Â
The reconstructed structure shall not exceed in height, area
and volume the structure destroyed or condemned.
(b)Â
Reconstruction shall be commenced within one year from the date
the structure was destroyed or condemned and shall be carried on without
interruption, else the nonconforming structure status shall be void.
(2)Â
No structure damaged or destroyed by fire or other natural cause
to the extent of more than 75% of its market value shall be repaired,
reconstructed or used except in conformity with the regulations of
this chapter.
C.Â
Extension or alteration. A nonconforming structure may be extended
or altered along the existing building lines of the existing nonconformity,
provided that the extension or alteration conforms with all dimensional
requirements of this chapter and all other applicable regulations
of this chapter.
For nonconforming signs, see § 160-90.
A.Â
Continuation. Any nonconforming lot may be continued, although such
lot does not conform to the lot requirements for the district in which
it is located.
B.Â
Construction. The provisions of this chapter shall not prevent the
construction of a structure, provided that the yard, height and other
applicable dimensional requirements are met, or the establishment
of a use on any nonconforming lot. However, this provision shall not
apply to any two or more contiguous lots in single ownership as of
or subsequent to the effective date of this chapter where reparcelling
or replatting could create one or more conforming lots.
C.Â
Variance. The Zoning Hearing Board may, by variance, reduce or waive the yard requirements on nonconforming lots where literal enforcement of such yard requirements would create an excessively small or narrow building area. The Board shall, in its deliberation on an appeal for such a variance, take into account typical existing lot sizes and existing yards in the general area where such nonconforming lot is located, giving particular consideration to existing uses and setbacks on adjacent properties as well as the provisions of § 160-128.
A.Â
Continuation. Any nonconforming use may be continued indefinitely,
although such use does not conform to the provisions of this chapter.
Unless specifically provided by the Zoning Hearing Board for a particular
use, no change of title or possession or any other change in status
of a property on which a nonconforming use exists shall prevent the
continuance of such nonconforming use.
B.Â
Extension. A nonconforming use may be extended, provided that:
(1)Â
Any extension shall conform with the area, building height,
parking, sign and other requirements of the district in which said
extension is located.
(2)Â
Nonconforming uses may not be extended to displace conforming
uses.
(3)Â
Nonconforming uses may not expand across any public right-of-way.
(4)Â
In residential districts, any increase in volume or area of a nonconforming use shall generally not exceed 100% of such volume or area during the life or the nonconformity. Expansion beyond 100% may only be permitted by special exception, subject to the criteria contained in § 160-129.
(5)Â
In commercial and industrial districts, an increase in volume
or area of a nonconforming use may occur on any number of contiguous
lots adjacent to the lot or lots containing the original nonconformity,
provided that no such increase may occur in an adjacent residential
district.
C.Â
Change of use. Once changed to a conforming use, no structure or
land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under the following
conditions:
(1)Â
Such change shall be permitted only as a special exception by the Zoning Hearing Board under the provisions of § 160-129.
(2)Â
The applicant shall show that the nonconforming use cannot reasonably
be changed to a permitted use.
(3)Â
The applicant shall show that the proposed change will be less
objectionable in external effects than the existing nonconforming
use with respect to:
(4)Â
The proposed use is a permitted use in one or more zoning districts
of the Borough of Sellersville.
D.Â
Abandonment. If a nonconforming use of a building ceases and is abandoned
for a continuous period of one year or more, subsequent use of such
building shall be in conformity with the provisions of this chapter.
If a nonconforming use of land ceases or is abandoned for any length
of time for any reason, subsequent use of such land shall be in conformity
with the provisions of this chapter. For the purpose of this chapter,
abandonment shall commence when reasonable efforts to reestablish
(such as lease, rental, sale, etc.) a nonconforming use have ceased.
E.Â
Delinquent properties. If the Borough or county acquires title to
any property by reason of tax delinquency and such property is not
redeemed and is sold as provided by law, the future use of such property
shall be in conformity with all provisions of this chapter.
F.Â
List of nonconforming uses.
(1)Â
List required. Immediately after passage of this chapter or
any amendment thereto, the Zoning Officer, according to procedures
prescribed by the Planning Commission, shall prepare and publish a
complete list of all nonconforming uses existing at the time of the
adoption of this chapter or its amendment. Such list shall contain
the names and addresses of the owner or owners of such nonconforming
use and of any occupant other than the owner, the legal description
or the County Assessor's Tax Map number, the nature of the nonconforming
use and certification that a nonconforming use permit has been issued.
(2)Â
Procedures.
(a)Â
Among the procedures to be established by the Planning Commission
shall be a requirement for all owners of lots occupied by a nonconforming
use to secure a nonconforming use permit from the Zoning Officer.
The notice which is sent by the Zoning Officer to the owner of the
nonconforming use will serve as the certificate of nonconformance.
Such permit shall ensure such owners the right to continue a nonconforming
use within the regulations prescribed herein, shall describe the nature
and extent of the nonconformity and shall list specific conditions
under which such nonconforming use may continue, if any.
(b)Â
Within 90 days of the passage of a zoning amendment creating
a nonconformity, the Zoning Officer will send notices of nonconformity
which will serve as certificates of nonconformance. Following the
ninety-day period, applications for certificates of nonconformance
shall be made to the Zoning Hearing Board.
(c)Â
After any necessary corrections have been made, copies of such
list shall be approved by the Planning Commission and be filed for
record in the offices of the Bucks County Recorder of Deeds. The list
shall be corrected yearly as the Planning Commission may prescribe.