[Amended 12-9-1996 by Ord. No. 12-1996]
Any nonconforming use or structure legally existing at the time of the adoption of this chapter, or which is created whenever a district is changed by amendment to this chapter hereafter, may be continued, altered, reconstructed, changed, sold or maintained even though it does not conform to the regulations for the district in which it is located (Article III) and the supplementary regulations (Article IV) except as provided below. (For nonconforming lots, see § 220-85.)
A.
Repairs and alterations. Repairs and structural alterations may be
made to a nonconforming building or to a building occupied by a nonconforming
use. If said building is damaged by fire, flood or other natural disaster,
it may be reconstructed, restored or used as before, providing:[1]
(1)
Said work commences within 90 days of the damage.
(2)
Where the nonconformity is located in a flood fringe or floodplain area (as defined in the Potter Township Floodplain Management Ordinance [Chapter 96]), the new construction must comply, to the greatest extent possible, with all floodproofing and other requirements of the Potter Township Floodplain Ordinance [Chapter 96].
(3)
Where the nonconformity is located in a floodway area, the reconstruction
may not exceed the size, bulk, height and area that existed prior
to the damage.
(4)
Where the nonconformity is located in a floodway area, the reconstruction
may not, under any circumstances, cause any rise in the elevation
of a one-hundred-year flood.
(5)
In the case of a nonconforming structure, said work or reconstruction
must bring the structure, insofar as practically possible, into conformity
with all the district regulations and other regulations of this chapter.
B.
Abandonment. If any nonconforming use or structure is abandoned, as set forth below, for a period in excess of 180 days, the future use of such building or land shall be in conformity with the district regulations (Article III) and the supplementary regulations (Part 4).
(1)
A nonconforming use shall, for these purposes, be considered as abandoned
when there occurs a deliberate cessation of any such use or activity
or by an apparent act or failure to act on the part of any tenant
or owner, the use or activity ceases and the period of 180 days elapses
without any open, concerted, definite act on the part of said tenant
or owner to recommence the use or activity.
(2)
It is recognized that a nonconforming use may have several distinct
accessory aspects, i.e., that one commercial or industrial nonconforming
use may include uses such as offices, clerical and managerial, sales
(either wholesale or retail), a storage, distribution or production
as accessory uses. A use shall not be considered abandoned for purposes
of this chapter unless the primary use (i.e., production or sales)
and all accessory, i.e., office/clerical, storage, sales or production
(as appropriate) have ceased on the site for the required period of
time.
(3)
In cases where a particular use operates under license or permit
from either the commonwealth, the federal government, or some agency
thereof, the existence of a current, valid license or permit, properly
obtained, shall be considered prima facie evidence that the use has
not been abandoned for these purposes.
C.
Expansion of nonconforming uses and structures.
(1)
Pursuant to the community development objectives of this chapter as set forth in Article I, including the protection of the general health, welfare and environment of the Township, the Township provides herewith a sliding scale for the expansion of nonconforming uses within the Township. This scale is based on the premise that a small nonconforming use has less impact on the lands and waters of the Township and on the immediate neighborhood environment and should therefore be treated differently than a large nonconforming use.[2]
[2]
Editor's Note: Original Subsection D(2), regarding measurement
of area at time of registration by Zoning Officer, which immediately
followed this subsection, was repealed 3-15-1999 by Ord. No. 3-1999.
(2)
Extensions, alterations and additions may be made to nonconforming
uses and/or structures according to the following scale:
|
Area in Square Feet of Nonconforming Use or Structure
(square feet)
|
Expansion
| |
|---|---|---|
|
1 to 1,000
|
500% or 4,000 square feet, whichever is greater
| |
|
1,001 to 3,000
|
400%
| |
|
3,001 to 5,000
|
300%
| |
|
5,001 to 10,000
|
200%
| |
|
10,001 to 20,000
|
100%
| |
|
20,001 to 50,000
|
75%
| |
|
50,000 and larger
|
50%
|
(3)
Any extension, enlargement, addition or alteration to any nonconforming
structure shall conform to the regulations of the zoning district
in which the structure is located, except as follows:
(a)
A nonconforming structure may be extended, enlarged or added
to in violation of the district's setback regulations; provided, that
the encroachment into the setback area is no greater than currently
exists. For example, if the district's setback requirement is 65 feet
from the center of the highway and the existing structure is 50 feet
from the center of the highway, an addition or extension of the structure
may be 50 feet from the center of the highway.
(b)
The extension, enlargement, addition or alteration may not be
more violative of the setback regulations than the existing structure
currently is.
D.
With regard to nonconforming consumptive uses. Where a particular
nonconforming use exists on a portion of an existing lot and where
said nonconforming use is consumptive by its nature (i.e., quarrying),
the use may be expanded (subject to setbacks and other regulations)
to cover no more than the lot as it exists as of the date of adoption
of this chapter, plus additional contiguous land area amounting to
30% of the entire lot as it existed as of the date of adoption of
this chapter.
E.
Changing nonconforming uses.
(1)
A nonconforming use of a building or land may be changed to another
use equally nonconforming or less nonconforming. A nonconforming use
of a building or land may not be changed to a use more nonconforming
than the use in existence at the time of passage of this chapter.
(2)
Nonconforming accessory uses may be added to or commenced at the
site of a nonconforming primary use; provided, that the accessory
use is equally or less nonconforming than the primary use and that
the other provisions of this article, such as those relating to the
maximum expansion of a nonconforming use and displacing a conforming
use, are adhered to.
(3)
If a nonconforming use is changed or altered so as to be less nonconforming,
or in conformance with the district regulations, it may not be changed
back to the original nonconforming use or any use more nonconforming
than the use as changed.
(4)
The Zoning Hearing Board shall determine in each instance the relative
levels of nonconformity of several uses for the purposes of administering
this section.
F.
Extension. A nonconforming use shall not be extended so as to displace
a conforming use.
G.
Existence for purposes of this chapter.
(1)
A nonconforming use shall be deemed to be in existence, and legally
protected hereunder, if valid Potter Township building and sewage
permits have been issued and ground has been broken for a foundation
(or other preparatory construction work has begun) before the date
of adoption of this chapter or applicable amendment hereto. Nothing
herein shall require any change in plans, construction or designation
of use of a building or structure which complies with existing laws
or for which valid sewage and building permits were granted and where
construction shall have commenced before the date of adoption of this
chapter, or applicable amendment thereto.
(2)
For those purposes, subdivision, submission of subdivision plans
to the county or Township, surveying and the like shall not be considered
the commencement of construction. Construction shall be deemed to
have been commenced by the issuance of a Potter Township sewage and
building permit and the breaking of ground for a foundation.
H.
Expansion in a floodway. Existing nonconforming uses in a floodway
district may not be expanded or enlarged.
A.
Continuation. Any nonconforming lot legally existing at the time
of the adoption of this chapter or which is created whenever a district
is changed by amendment hereafter, may generally be continued, used,
sold, bought, rented and/or maintained as before the adoption of this
chapter; provided, that all other yard dimensions and requirements
of the lot shall conform to the regulations of this chapter or any
other state, county or Township regulation that may apply. Variances
of yard setback requirements can only be obtained through action of
the Zoning Hearing Board.
B.
Permits. In the case of a lot of record, held in single and separate
ownership at the effective date of this chapter, which does not meet
the minimum area requirements for the district in which it is located,
a structure for a permitted use within the district that the nonconforming
lot exists, may be placed on the lot; provided, that:
(1)
The owner does not own adjoining land.
(2)
Each side yard is not less than 15 feet and is kept clear to permit
the passage of fire and emergency vehicles.
(3)
The rear yard is not less than 15 feet and is kept clear to permit
the passage of fire and emergency vehicles.
(4)
The front yard conforms to the minimum distance required.
(5)
The site is approved for sewage disposal and has an adequate supply
of potable water from either on-site or off-site wells.
