A.
The purpose and objective of the provisions established under Article XII of this chapter are to establish specific regulations pertaining to nonconforming uses, lots, land areas, building and/or structures.
B.
As part of the
establishment of zoning districts by this chapter of the Code, or
by subsequent amendments thereto, there exists or will exist certain
nonconformities which, if lawful before this chapter of the Code 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.
C.
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 upon which actual building
construction has been diligently conducted.
D.
The regulations concerning nonconformities, as established under Article XII of this chapter, shall be subject to the interpretation of the Muhlenberg Township Zoning Officer or other qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these regulations, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
A.
Any lot shown
on a recorded subdivision or land development plan on the effective
date of this chapter or after the enactment of any 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 regulations of that zoning district, provided that all
yard, height, coverage and open space requirements of the zoning district
shall be met. However, when a developer or applicant has had an application
for approval of a preliminary or final subdivision plan which has
been approved prior to the effective date of this chapter, no provision
and/or regulation in this chapter shall be applied to affect adversely
the right of the developer or applicant to commence and complete any
aspect of the approved preliminary or final plan within such time
periods as are established within the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
Any lot held
in single and separate ownership on the effective date of this chapter
or after the enactment of any 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 zoning district, provided that all yard, height, coverage
and open space requirements of the district are met. However, if two
or more lots, combination of lots, or portions of lots with continuous
frontage held under 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
and/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.
A.
For lawful uses
of land which at the effective date of this chapter or subsequent
amendment thereto becomes 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 within
this article of this chapter of the Code.
B.
A nonconforming
land use shall not be enlarged, increased and/or extended in order
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
C.
Whenever a nonconforming
use has been discontinued for a period of 12 consecutive months, such
use shall not thereafter be reestablished, except if the owner of
such property files within 30 days of the date of discontinuance a
certificate of intention to maintain such use. If such certificate
is filed, the time period for which a nonconforming use may be discontinued
and still be reestablished shall be extended by a twelve-month period.
D.
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 of a less offensive
nature. 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.
E.
No additional
structures which do not conform to the requirements of this chapter
shall be erected in connection with such nonconforming use of land.
A.
Lawful nonconforming
structures or buildings at the effective date of this chapter or subsequent
amendment thereto that become nonconforming by reason of restrictions
on area, lot coverage, height, yards, location on the lot, or other
requirements concerning the building or structures may be continued
as long as they remain otherwise lawful, subject to the provisions
listed in the following subsections.
B.
A nonconforming
use, building or 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.
C.
A nonconforming
building or structure shall not be enlarged, increased, repaired,
maintained or modified in any manner which will further violate any
applicable dimensional requirements imposed by this chapter, except
that a principal building which existed at the effective date of this
chapter which is nonconforming as to a yard requirement may have repairs,
improvements, modifications and/or additions made to those portions
of the building located within the required yard. All such repairs,
improvements, modifications and/or additions shall not further increase
or extend into the required yard.
D.
Total future
expansion of a nonconforming use shall not exceed 50% of the gross
floor area or ground area occupied by the use at the time of the effective
date of this chapter.
E.
A nonconforming
building or structure which has been damaged by fire, explosion, accident
and/or calamity may be reconstructed and used for the same nonconforming
use, provided that the reconstructed building or structure does not
exceed the area, volume and height of the destroyed buildings 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.
F.
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.
A.
Lawful nonconforming
structures or buildings, or structures or buildings and land in combination,
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 they remain otherwise
lawful, subject to the provisions contained within this article of
this chapter of the Code.
B.
An existing
structure devoted to a use not permitted by this chapter within the
zoning district where it is located may be enlarged, extended, constructed,
reconstructed or structurally altered up to but not more than 25%
of its gross floor and/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 nonconforming structure is situated were
held under single ownership or long-term lease (10 years or more)
and purchased or leased prior to the enactment of this chapter.
C.
Any enlargement,
extension, construction, reconstruction or structural alteration must
conform to all other regulations of the zoning district in which it
is located. This provision may be used only once for each nonconforming
structure.
D.
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 article of this chapter of the Code.
E.
A nonconforming
use of a structure, or premises and 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
the following issues: the intent of the provisions for the zoning
district; the ability to change the use to a conforming use; traffic
generation and congestion; noise, smoke, dust, fumes, vapors, gases,
heat, odor, glare, vibration or other nuisances; external storage;
solid waste disposal; sewer and water facilities; and the general
appearance of the use compared to the uses within 500 feet of the
property lines.
F.
Any structure,
or structure and land in combination, in or on 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.
G.
Where nonconforming-use
status applies to a structure and premises in combination, removal
or destruction of the structure shall eliminate the nonconforming
status of the land and use. "Destruction" for the purpose of this
subsection is defined as damage to an extent of more than 75% of the
market value at the time of destruction.
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 the
Muhlenberg Township Code Enforcement Officer, Engineer and/or Zoning
Officer to be unsafe by reason of physical condition, it shall not
thereafter be restored, repaired or rebuilt except in conformity with
the regulations of the district in which it is located.
To facilitate the administration of this chapter,
the property owner shall inform the Township Zoning Officer as to
the status of a nonconforming use, lot, structure or building. The
burden of proof that the use, lot, structure or building is a nonconformity
shall be the responsibility of the property owner. All known nonconformities
shall be a matter of public record and shall constitute sufficient
notice and the limitations therein express and implied to any transferee
acquiring any right to use or own such property.
A.
Prior to the
enactment of this chapter, a few planned residential communities had
been previously considered and approved under alternative zoning regulations,
such as planned residential developments, cluster developments, lot
averaging developments and/or other residential developments, which
were viable land use and development alternatives permitted under
the provisions of past ordinances that were in effect at that time.
A list of these preexisting planned residential communities shall
be maintained by the Muhlenberg Township Zoning Officer.
B.
The planned residential communities that fall under the guidelines of § 355-134A of this chapter may continue as legal conforming developments, provided that all principal and accessory uses are planned, developed and constructed in accordance with the pending application and/or approved plan. No further subdivision or land development activity shall be permitted unless it is in strict compliance with the pending application and/or approved plan. Any minor deviations to the principal or accessory uses or structures may be permitted, provided that a special exception application has been considered and approved by the Zoning Hearing Board.