Township of Gregg, PA NONCONFORMITIES

The Zoning Officer may identify and register the nonconforming lots, uses and structures existing as of the effective date of this chapter. When registering a nonconforming primary use, the Zoning Officer shall also register all accessory uses in place on the site as of the date registration is made, and shall indicate in each case whether the accessory use is conforming or nonconforming.

Any party aggrieved by any decision or action of the Zoning Officer may appeal such decision or action to the Zoning Hearing Board, as set forth in Part 10, or may take such other steps as are provided by law.

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:

Said work commences within 90 days of the damage.

Where the nonconformity is located in a Flood Hazard Boundary Area, (as defined in the Gregg Township Floodplain Management Ordinance [Chapter 3]), the new construction must comply with all flood proofing and other requirements of the Gregg Township Floodplain Ordinance [Chapter 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.

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.

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 (Part 3), and the supplementary regulations (Part 4 and 5).

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.

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), 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 uses, i.e., office/clerical, storage, sales or production (as appropriate) have ceased on the site for the required period of time.

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.

Expansion of Nonconforming Structures.

Pursuant to the goals and objectives of the chapter as set forth in Part 1, including the protection of the general health, welfare and environment of the Township, the Township herewith enacts a sliding scale for the expansion of nonconforming uses within the Township. Adoption of this scale is based upon 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.

Nonconforming uses and structures shall be measured by the square footage area of the use or structure as determined by the Township Zoning Officer. Insofar as possible, said determination shall be made of the area as of the date of enactment of this chapter. In those situations where passage of time has made it impossible to determine the exact area as of the date of enactment of this chapter, the Zoning Officer shall make an approximate determination based on evidence available, and that determination shall be used as the basis for determining expansion hereunder.

Extensions, alterations, and additions may be made to nonconforming uses and/or structures according to the following scale:

Area of Nonconforming Use (square feet)	Expansion
1-1,000	500%, or 4,000 square feet, whichever is greater
1,001-3,000	400%
3,001-5,000	300%
5,001-10,000	200%
10,001-20,000	100%
20,001-50,000	75%
50,001 and up	50%

Provided further, that any extensions, enlargements or alterations to any nonconforming structure shall conform to the regulations of the district except as follows:

(a)

A nonconforming structure may be extended, enlarged or added to in violation of a 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.

Expansion of 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 or mining) the use may be expanded (subject to setbacks and other regulations).

When contained within one lot, the expansion shall be regulated by § 15-441 herein.

When additional adjacent or contiguous lots are purchased for the purpose of expanding the nonconforming consumptive use, whether or not merged by filing a lot addition plan with the county, the use may be expanded to cover no more than the maximum allowable amount (under § 15-441) of the original lot as it exists as of the date of adoption of this chapter, plus additional contiguous land area mounting 50% of the original lot as it existed as of the date of adoption of this chapter, or 50% of the adjacent/contiguous lot, whichever is less.

If the use has reached its maximum size limit hereunder, new land may be disturbed if, at the same time, disturbed land is reclaimed and restored, reasonably simultaneously and on a one-for-one area basis.

Changing Nonconforming Uses.

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.

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 Part, such as those relating to the maximum expansion of a nonconforming use and displacing a confirming use, are adhered to.

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.

The Zoning Hearing Board shall determine in each instance the relative levels of nonconformity of several uses, for the purposes of administering this section.

Extension. A nonconforming use shall not be extended so as to displace a conforming use.

Existence for Purposes of this chapter.

A nonconforming use shall be deemed to be existence, and legally protected hereunder, if valid Gregg 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.