A.Â
Purpose.
(1)Â
It is the purpose of this article to recognize that if, prior to
the adoption of the original Township Zoning Ordinance, as amended,
reenacted and replaced, property was used for a then-lawful purpose
or in a then-lawful manner which the Zoning Ordinance would render
thereafter prohibited and nonconforming, such property is generally
held to have acquired a vested right to continue such nonconforming
use or nonconforming structure. Nevertheless, this does not preclude
the Township from regulating the change, alteration, reconstruction,
reestablishment, extension, destruction and abandonment of nonconforming
uses in accord with the Pennsylvania Municipalities Planning Code[1] and general case law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)Â
It is also the purpose of this article to limit the injurious impact
of nonconforming lots, structures and uses on other adjacent properties
within a particular district and the community as a whole, while recognizing
that the change, alteration, reconstruction, reestablishment, or extension
of nonconforming lots, structures and uses may not be contrary to
the public interest or the general purpose of this chapter, when failure
to allow such change, alteration, reconstruction, reestablishment,
or extension would itself lead to neighborhood or district deterioration.
(3)Â
It is further the purpose of this article to prescribe those standards
which are to be applied by the Township in determining the reasonableness
of a proposal to change, alter, reconstruct, reestablish, or extend
a nonconforming use. The following are regulations which shall apply.
B.Â
Applicability. The provisions and protections of this article shall apply only to those nonconforming lots, structures and uses which legally pre-existed the applicable provisions of this chapter, as amended, or which are recognized by § 400-94 or 400-95 of this article. Any lot, structure or use created, constructed or established after the effective date of the original Zoning Ordinance, as amended, reenacted and replaced, which does not conform to the applicable requirements shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter, and the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.
C.Â
Registration. It shall be the responsibility of the party asserting
a nonconformity to provide the evidence, including photographs, that
the nonconformity is legal. A property owner may request a written
certificate of nonconformity from the Zoning Officer after providing
sufficient evidence.
D.Â
Continuation and change. A lawful nonconforming lot, structure or
use as defined by this chapter may be continued and may be sold and
be continued by new owners subject to the other provisions of this
chapter. Any expansion, alteration, extension or change in a nonconformity
shall only proceed in compliance with this article.
As used in this article, the following terms shall have the
meanings indicated:
A lot the area or dimension of which was lawful prior to
the effective date of this chapter, as amended, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of the adoption or amendment of this chapter.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
As applied to a nonconforming structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
The rebuilding of a nonconforming structure damaged or destroyed
by casualty to the exact or less-nonconforming condition which existed
prior to the casualty.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
The conversion of a nonconforming use to a different use
classification as enumerated in the Schedule of Uses.[1]
The extension of a nonconforming use throughout the structure
which the said use partially occupies; or the expansion of a nonconforming
use onto land area not already occupied by the said use.
The reopening or reinstitution of a nonconforming use which
has been discontinued by the owner of the said use, such reopening
effected prior to the abandonment of the nonconforming use as determined
under the provisions of this chapter.
[1]
Editor's Note: The Schedule of Uses is included as an attachment to this chapter.
For the purposes of this article, a building, structure or use,
legally permitted, planned and substantially under construction in
compliance with existing ordinances prior to the effective date of
this chapter, or any amendment hereto, and completed within a one-year
period after the effective date of this chapter or amendment hereto,
shall be considered nonconforming.
A building, structure or use allowed by variance in a district
where it is nonconforming with any regulations of this chapter, as
amended, reenacted and replaced, shall be considered nonconforming
for the purposes of this chapter.
Normal maintenance and repair, such as painting, replacement
of siding, and similar activities is allowed, as well as those interior
renovations which do not structurally alter the building or area or
result in increased use of the building or area, or a change of nonconformity,
or otherwise create more incompatibility with the permitted use provisions
of this chapter. Such maintenance and repair activities shall, however,
shall comply with all other applicable standards and permit requirements
of this chapter.
A.Â
Change to conforming use. A nonconforming use may be changed to a
conforming use. A change of a nonconforming use to a conforming use
shall be considered an abandonment of the nonconforming use and the
new use shall not thereafter revert to a nonconforming use.
B.Â
Change to another nonconforming use. As determined by the Zoning
Officer and subject to the issuance of a change of use permit, a nonconforming
use may be changed to another nonconforming use which is substantially
of the same character and not subject to more restrictive standards
than the existing nonconforming use. Any such change shall be considered
an abandonment of the prior nonconforming use and the new use shall
not thereafter revert to the prior use.
A.Â
Permit. All enlargements of nonconforming uses into more area of
a structure or onto more area of the property shall require the applicable
zoning permit.
B.Â
Enlargement limited to same parcel; new structures prohibited. Enlargements
of a nonconforming use shall be limited to the same parcel of property
on which the nonconforming use is situated as said parcel existed
on the effective date of this chapter, as amended. For any nonconforming
uses not involving a structure, no new structures shall be permitted
as part of an enlargement.
C.Â
Enlargement limitation. An enlargement of land or structure used
for the nonconforming use shall be limited to a total increase not
to exceed 33.33% of land or 33.33% of structure beyond what existed
on the effective date of this chapter, as amended. All such enlargements
of a nonconforming use may be permitted in successive increments for
a total up to the increase permitted; and each increment shall be
a separate application. Applications for successive increments shall
only be entertained by the Township upon the completion of the previously
approved enlargement.
D.Â
Compliance with standards. In addition to complying with the requirements
of this section, an enlargement of a nonconforming use shall comply
with all setback, height, lot coverage, parking and other standards
of this chapter.
E.Â
Nonconforming setbacks. A structure which is nonconforming as to
a side or rear setback requirement may be extended along the nonconforming
setback line a distance not to exceed 50% of the length of the nonconforming
part of the structure as it existed at the effective date of this
chapter. However, the height of any such extension shall not exceed
the lesser of the existing height of the nonconforming structure or
the applicable district maximum height.
A.Â
Reconstruction permitted. Any lawful nonconforming building, structure
or use which has been damaged or destroyed by fire, explosion, windstorm,
or other natural or criminal causes may be reconstructed in the same
location, provided that:
B.Â
Permit procedure. All applicable permits for the reconstruction of
a nonconforming structure or use shall be required.
C.Â
Time extension. The Zoning Officer may for good cause grant a one-time
extension of not more than one year for the reconstruction of the
nonconforming use. Said extension shall only be considered upon written
application for same submitted by the property owner.
D.Â
Nonconforming agricultural buildings. Reconstruction regulations
shall not apply to active nonconforming agricultural buildings and
active farms which may be restored by right.
E.Â
Demolition. If a nonconforming structure or use is voluntarily demolished
to an extent which exceeds 50% of the cost to replace the entire structure
or use in accord with the most current construction standards, the
reconstruction shall comply with current setback, lot coverage, height
and other requirements of this chapter.
A.Â
Abandonment. If a nonconforming use of land or structure ceases operations,
is discontinued, is vacated or is otherwise abandoned for a period
of 18 months or more, then this shall be deemed to be an intent to
abandon such nonconforming use, and any subsequent use of the land
or structure shall be for conforming purposes only and said use shall
in all respects conform to the applicable provisions of this chapter.
A change of a nonconforming use to a conforming use shall be considered
an abandonment of the nonconforming use which shall not thereafter
revert to a nonconforming use.
B.Â
Agricultural uses. Abandonment regulations shall not apply to agricultural
uses.
The alteration or expansion of nonconforming structures shall
be permitted only in accord with this section and other applicable
standards in this chapter.
A.Â
Permit. An alteration of a nonconforming structure shall require
the applicable zoning permit.
B.Â
Compliance with standards. An alteration of a nonconforming structure shall comply with all setback, height, lot coverage, parking and other standards of this chapter and shall not result in any increased nonconformity except for an enlargement of a nonconforming use in compliance with § 400-98.
C.Â
Nonconforming setbacks. A structure which is nonconforming as to
a side or rear setback requirement may be extended along the nonconforming
setback line a distance not to exceed 50% of the length of the nonconforming
part of the structure as it existed at the effective date of this
chapter. However, the height of any such extension shall not exceed
the lesser of the existing height of the nonconforming structure or
the applicable district maximum height.
D.Â
Increase in area or bulk nonconformity. In the case where a proposed
alteration or expansion of a nonconforming structure will result in
an increased nonconformity of setback, height, lot coverage or other
area or bulk standard, a variance shall be required from the Zoning
Hearing Board.
A.Â
Principal permitted uses allowed. In all districts, a lawful nonconforming
lot of record may be used for any use classified as a principal permitted
use in the district of location, provided:
