Township of Mount Joy, PA Article V Conformity and Nonconformity Regulations

§ 135-41 Conformity of proposed land uses.

From and after the effective date of this chapter, any existing or proposed structure, building, sign or land shall not be erected, constructed, placed, altered, extended, maintained, used or occupied except in conformance with this chapter.

§ 135-42 Continuance and expansion of nonconforming uses.

From and after the effective date of this chapter, or any amendment thereto, any use lawfully existing at the time of enactment of this chapter or any amendment thereto which was not in conformity with the permitted use provisions of the district in which it is located may be continued, subject to the following limitations:

A. Continuity of nonconforming use. No nonconforming use may be reestablished after it has been discontinued for 12 months. Vacating of premises or buildings or nonoperative status of such premises or buildings shall be conclusive evidence of discontinued use.

B. Discontinued nonconforming use of open land. All nonconforming signs, billboards, junkyards, junk areas, storage areas 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 the fair market replacement costs, shall not be permitted to be reestablished, repaired or reconstructed.

C. Expansion of nonconforming use. No expansion of any nonconforming use shall be permitted as of right. The Zoning Hearing Board may permit expansion of a nonconforming use as a special exception in accordance with the following criteria and limitations:

(1) Expansion of the nonconforming use shall be limited to a distance of 250 feet in any direction from the existing area of the nonconforming use or to an area equal to 50% of the total usable floor area (or land area if not enclosed within a building) of the existing nonconforming use, whichever is the lesser amount.

(2) Expansion of the nonconforming use shall be limited to the lot upon which the nonconforming use was located at the time it became nonconforming.

(3) The limits set forth herein constitute the total permitted expansion of a nonconforming use. For example, if an applicant receives permission to expand to an area equal to 40% of the total usable floor area when the use became nonconforming, in the future the use will only be able to expand to an area equal to 10% of the total usable floor area when the use became nonconforming.

§ 135-43 Substitution of uses.

Any use which complies with the regulations for the district in which the nonconforming use is located may be substituted for the nonconforming use. Once a conforming use is established, no nonconforming use shall be permitted in the future. The Zoning Hearing Board, by special exception, may permit the substitution of another nonconforming use in accordance with the following criteria and limitations:

A. The proposed use shall be permitted in the district in which the nonconforming use would be a permitted use or in a more restrictive zoning district than a district in which the nonconforming use would be permitted.

B. The proposed use shall not generate more traffic than the existing nonconforming use.

C. The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.

D. The proposed use shall not generate higher levels of noise, smoke or glare off the property than the existing nonconforming use.

E. The proposed use shall be not more detrimental to the neighboring properties and uses than the existing nonconforming use.

F. No new principal conforming uses may be established within a building in addition to the proposed nonconforming use. If a new principal conforming use is established within a building, the nonconforming use must be eliminated.

§ 135-44 Damage to nonconforming structures.

A nonconforming structure which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage or for any conforming use, provided that the reconstructed structure shall not be larger than the damaged structure and the reconstruction shall start within one year from the time of damage to the structure.

§ 135-45 Nonconforming lots.

Any nonconforming lot held in single and separate ownership on the date of enactment of this chapter, or any amendment thereto, which rendered such lot nonconforming may be developed for any use permitted within the district in which the nonconforming lot is located, provided that such development complies with all setback, coverage, bulk and height requirements.

§ 135-46 Expansion of dimensionally nonconforming structures.

A structure which is dimensionally nonconforming as to the required front, side or rear yard setback may be expanded, provided that the expanded part of the structure will not extend nearer to the street right-of-way or property line, as applicable, than the part of the existing structure which is nearest to the street right-of-way or property line, and provided further that the use of the structure is a permitted use in the district in which the structure is located.

§ 135-47 through § 135-50. (Reserved)