[Ord. 2013-01, 2/11/2013]
1.
Within the zoning districts established by this chapter or subsequent
amendments thereto, there exists or will exist certain nonconformities
which, if lawful before this chapter was passed or amended, may be
continued, subject to certain limitations, although such nonconformities
would be prohibited, regulated, or restricted under the terms of this
chapter or future amendments thereto.
2.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
on which actual building construction has been diligently carried
on.
[Ord. 2013-01, 2/11/2013]
1.
Any lot either in existence or shown on a recorded subdivision plan
on the effective date of this chapter, or after the enactment of subsequent
amendments thereto, which does not meet the minimum size or width
requirements of the zoning district in which it is located may be
used for a use permitted by the use regulations of that district with
area and bulk regulations applied proportionate to the size of the
nonconforming lot. For example, in a three-acre minimum zoning district,
an existing nonconforming lot is one acre in size, therefore, 30%
of each requirement would be applicable. If a subdivider has had an
application for approval of a preliminary or final subdivision plan
approved prior to the effective date of this chapter, no provision
or regulation in this chapter shall be applied to affect adversely
the right of the subdivider to commence and complete any aspect of
the approved preliminary or final plan within such time periods as
are established by Act 247, as amended, 53 P.S. § 10101
et seq.
2.
Any lot held in single and separate ownership on the effective date of this chapter, or after the enactment of subsequent amendments thereto, which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district provided that area and bulk requirements as described by Subsection 1 are met. However, if two or more lots, combination of lots, or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and/or area, the land involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
[Ord. 2013-01, 2/11/2013]
1.
Lawful uses of land, which at the effective date of this chapter
or subsequent amendment thereto become nonconforming, such nonconforming
use or uses may be continued by the present or any subsequent owner
so long as it remains otherwise lawful, subject to the provisions
listed with the following subsections.
2.
Extension. A lot that accommodates a nonconforming use shall not
be enlarged, increased, or extended such that the said nonconforming
use will occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
3.
Discontinuance. Whenever a non-conforming use has been discontinued
for a period of 12 consecutive months, such use shall not thereafter
be re-established, except if the owner of such property files within
30 days of date of discontinuance, a certificate of intention to maintain
such use. If such certificate is filed, the time period which a nonconforming
use may be discontinued and still be re-established shall be extended
by a twelve-month period.
4.
Changes or Moving of Use. A nonconforming use, if changed to a conforming
use, shall not thereafter be changed back to any nonconforming use.
A nonconforming use may be changed to a conforming use or to a nonconforming
use that more nearly complies with the applicable zoning district
provisions or is more compatible with the surrounding neighborhood.
A nonconforming use shall not be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such at the
effective date of adoption or amendment of this chapter.
5.
Additional Structures. No additional structures not conforming to
the requirements of this chapter shall be erected in connection with
such nonconforming use of land.
[Ord. 2013-01, 2/11/2013]
1.
Lawful nonconforming structures which at the effective date of this
chapter or subsequent amendment thereto become nonconforming by reason
of restrictions on area, lot coverage, height, yards, its location
on the lot, or other requirements concerning the structures, may be
continued as long as they remain otherwise lawful, subject to the
provisions listed in the following subsections.
2.
Enlargement.
A.
A nonconforming structure shall not be enlarged or increased upon
land not owned, leased, or under option to purchase at the time of
the enactment of this chapter.
B.
A nonconforming building or structure that existed at the effective
date of this chapter may have repairs, improvements, modifications,
enlargements, or additions made provided that no repair, improvement,
modification, enlargement, or addition shall be made that will worsen
the aspect(s) of nonconformity as it existed at the effective date
of this chapter. Furthermore, such repair, improvement, modification,
enlargement, or addition shall not result in the creation of any new
aspect(s) of nonconformity.
C.
Total future expansion of a non-conforming structure shall not exceed
50% of the area occupied by that structure at the time of the effective
date of this chapter.
3.
Damage or Destruction. A nonconforming building or structure which
has been damaged or destroyed by fire, explosion, accident, or calamity
may be reconstructed and provided that the reconstructed building
or structure does not exceed the area, volume, and height of the destroyed
building or structure. In addition, building reconstruction shall
be started within one year from the date the building or structure
was destroyed and shall be carried through without interruption.
4.
Moving of Structure. No nonconforming structure or building shall
be, for any reason, moved for any distance unless it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
[Ord. 2013-01, 2/11/2013]
1.
Lawful nonconforming use of conforming structures or buildings, which
exist at the effective date of this chapter or subsequent amendments
thereto, that would not be allowed in the district under the terms
of this chapter, may be continued so long as it remains otherwise
lawful, subject to the provisions listed in the following subsections.
2.
Enlargement.
A.
An existing structure devoted to a use not permitted by this chapter
in the district where it is located may be enlarged, extended, constructed,
reconstructed, or structurally altered up to but not more than 25%
of its floor or use area as it existed at the time of the passage
of this chapter or subsequent amendment, provided that the lot or
lots upon which the structure is situated was in single ownership
or long-term lease (10 years or more) and purchased or leased prior
to the enactment or amending of this chapter.
B.
Any enlargement, extension, construction, reconstruction, or structural
alteration must conform to all regulations (other than use) of the
zoning district in which the structure is located. This provision
may be used only once for each nonconforming use.
C.
Any nonconforming use may be extended throughout the building which
was in use for the nonconforming use at the time of adoption of this
chapter but no such use shall be extended to occupy any land outside
such building unless provided for under this chapter.
3.
Change of Use. A nonconforming use of a structure may be changed
to another nonconforming use provided that the proposed use is equally
appropriate or more appropriate to the district than the existing
nonconforming use. Such determination shall be made by a special exception
granted from the Zoning Hearing Board which shall take into consideration,
among other things, the intent of the provisions for the district.
4.
Discontinuance. Any structure within which a nonconforming use is
superseded by a permitted use, shall thereafter conform to the regulations
for the district, and the nonconforming use may not thereafter be
resumed. When a nonconforming use of a structure, or structure and
premises in combination, is discontinued or abandoned for 12 consecutive
months the structure or structure and premises in combination, shall
not thereafter be used except in conformity with the regulations of
the district in which it is located.
5.
Destruction. Where a structure accommodating a nonconforming use
is destroyed in whole or in part by any means, such nonconforming
use may be resumed within a conforming structure on the same tract
of land, provided that such structure is rebuilt or repaired in conformance
with all applicable zoning regulations and the use in question is
resumed within 18 months of the date that such structure was destroyed.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
If a nonconforming structure or building or portions thereof
containing a nonconforming use becomes physically unsafe due to lack
of repairs and maintenance, and is declared by a duly authorized official
appointed by the Board of Supervisors to be unsafe by reason of physical
condition, it may be restored, repaired, or rebuilt provided that
no aspect of nonconformity is worsened and no new aspect of nonconformity
is created.
[Ord. 2013-01, 2/11/2013]
Any use which is permitted as a special exception in a zoning
district under the terms of this chapter (other than a change through
Zoning Hearing Board action from one nonconforming use to another
nonconforming use) shall not be deemed a nonconforming use in such
zoning district, but shall without further action be considered a
conforming use.
[Ord. 2013-01, 2/11/2013]
1.
A certificate of intention shall be required in all instances where
a nonconforming use of land or nonconforming use of a structure or
building, is discontinued if the owner or operator of such uses desires
to maintain such a nonconforming use.
2.
The Zoning Officer shall maintain proper forms for the registration
of any certificate of intention. It shall be incumbent upon the owner
or applicant to file such a form with the Zoning Officer. The filing
of such form shall be considered a ministerial duty of the Zoning
Officer, who shall not refuse to accept the completed form.
3.
The Zoning Officer shall maintain a record of all certificates of
intention.
4.
Each certificate of intention shall be valid for one year.
