The zoning districts established by this chapter
are designed to guide future use of land in the Township by encouraging
the development of desirable residential, commercial and industrial
areas, with appropriate groupings of compatible and related uses,
to the end of promoting and protecting the public health, safety,
comfort, prosperity and other aspects of the general welfare.
A.
To achieve this end, lawful existing uses which would
be prohibited or restricted under the terms of this chapter or future
amendments and which do not conform to the character and regulations
of the zoning district in which they are located shall be subject
to certain limitations. The regulations set forth are intended to
provide a gradual remedy for the undesirable conditions resulting
from indiscriminate mixing of uses and to afford a means whereby nonconforming
uses can be gradually eliminated and reestablished in more suitable
locations within the Township.
B.
Similarly, buildings or other structures which do
not comply with one or more of the applicable district requirements
as to lot width, minimum lot area and yard spaces, lot coverages or
building height are deemed to be nonconforming.
C.
Nonconforming uses and structures will be generally
permitted to remain. The purpose of regulating them is to restrict
further investment in uses or structures which are inappropriate to
their locations.
D.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction or the intended
use of any building on which actual construction was lawfully begun
prior to the effective date or amendment of this chapter and on which
actual building construction has been diligently carried on.
A.
Continuation. Lawful uses located either within a
building or other structure or part thereof or on the land or in combination
of both which, at the effective date of this chapter or subsequent
amendment thereto, become nonconforming may be continued so long as
they remain otherwise lawful, including subsequent sales of the property.
B.
Enlargement of a nonconforming use, building or structure.
(1)
A nonconforming use, building or structure shall
not be extended, enlarged or added to in any manner unless said use,
building or structure, including any additions and enlargements, is
made to conform to all the regulations of the district, except that,
when authorized as a special exception by the Zoning Hearing Board
following review and recommendation by the Planning Commission, a
nonconforming use or building which consists predominantly of a nonconforming
use of the land, as opposed to a nonconforming use of a building,
may be extended or enlarged, provided that:
(a)
Any such extension or enlargement shall be on
the lot occupied by such use at the effective date of this chapter
or of any amendment by which such use first becomes nonconforming
and shall be immediately adjacent to the existing non-conforming use.
(b)
No such extension of a nonconforming use shall
exceed 50% of the area of the lot and floor area of any buildings
devoted to such use at the effective date of this chapter or of any
amendment by which such use first becomes nonconforming.
(c)
Any extension authorized in accordance with
this section shall conform to the yard, building coverage and height
requirements of the district in which such use is located and to any
buffer screening, off-street parking or other provision of this chapter
applicable in such district.
(2)
No structural alterations may be made in any
building or structure used for a nonconforming use other than those
ordered by an authorized public officer to assure the safety of a
nonconforming building or structure or which reduce the nonconformity,
and no nonconforming building or structure shall be moved, in whole
or in part, to another location on the lot unless every portion of
said building or structure is made to conform to all the regulations
of the district in which it is located, except as is otherwise authorized
by the Zoning Hearing Board in connection with any permitted expansion
of a nonconforming use.
(3)
If a building or structure is conforming as
to use but nonconforming as to area and bulk regulations or off-street
parking requirements, said building or structure may be enlarged or
added to, provided that the enlargement or addition complies with
the area and bulk regulations and the existing building and any addition
complies with the off-street parking regulations of the district in
which said building or structure is located.
C.
Discontinuance.
(1)
If a nonconforming use of land or building ceases
operations for a continuous period of more than six months, then this
shall be deemed to be an intent to abandon such use, and any subsequent
use of land shall conform to the regulations of this chapter.
(2)
If abandonment occurs involuntarily, the owner
may request that the discontinuance be continued beyond the six-month
period, provided that application for extension is made within the
initial six-month period.
D.
Change in use.
(1)
A nonconforming use shall not be changed to any other use, other than a conforming use, except as otherwise permitted in Subsection D(2) below. If a nonconforming use is discontinued or changed to a conforming use, any future use of such building, structure or portion shall be in conformity with the regulations of this chapter.
(2)
Whenever a use district shall be hereinafter
changed, any existing nonconforming use in such changed district may
be continued or changed to another nonconforming use of the same classification
when authorized as a special exception by the Zoning Hearing Board
following review and recommendation by the Planning Commission, provided
that no structural alterations are made other than those ordered by
an authorized public officer to assure the safety of the building
or structure.
E.
Damage or destruction.
(1)
In the event that a nonconforming use in any
district is destroyed or partially destroyed by fire, explosion or
other cause or otherwise damaged to the extent of 50% or more of the
bulk of all buildings, structures and other improvements on the lot,
such nonconforming uses shall terminate, and the lot shall thereafter
be used only for a conforming use.
(2)
In any case, whether conforming or nonconforming,
the remains of any building so destroyed must be removed from the
premises within six calendar months so that the same shall not remain.
F.
Public service corporation exception. This chapter
shall not apply to any existing or proposed building or extension
thereof used or to be used by a public utility corporation if, upon
petition of the corporation, the Pennsylvania Public Utility Commission
shall, after a public hearing, decide that the present or proposed
situation of the building in question is reasonably necessary for
the convenience or welfare of the public.
The use of any nonconforming lots of record
shall be controlled by the terms of the Zoning Hearing Board, provided
that the yard dimensions and other requirements of any lot not involving
area or width, or both, shall conform to the regulations for the district
in which such lot is located unless otherwise specifically authorized
as a special exception by the Zoning Hearing Board and that in any
case a building shall comply with the yard and other requirements
of the district to the maximum extent practicable.
[1]
Editor's Note: Former § 182-804,
Preparation of list of nonconforming uses, buildings, lots and signs;
time limit for signs to be brought into compliance, was repealed 12-13-1993
by Ord. No. 2189.
[1]
Editor's Note: Former § 182-805,
Applicability of provisions in light industrial districts, added 12-8-1975
by Ord. No. 1623, as amended 5-9-1977 by Ord. No. 1666, was repealed
1-9-1996 by Ord. No. 2237.
