The following provisions shall apply to all nonconforming uses:
A.
Development certificates. A development certificate must be obtained
by the owner of any nonconforming use as evidence that the use lawfully
existed prior to the adoption of the provision which made the use
nonconforming.
B.
Continuation, enlargement, change or restoration.
(1)
Continuation. The lawful use of any lot, building or structure which was lawfully existing at the time of the enactment of this Chapter 118 of the Code of Unity Township on September 25, 1991 (Ord. No. O-1-91) or, in the case of an amendment to the use or dimensional requirements of this chapter, at the time of such amendment, may be continued as a nonconforming use except as hereinafter provided.
(2)
Enlargement and expansion. A use that does not conform to the use
regulations of the district in which it is located may be enlarged
by special exception only one time, regardless of ownership of the
site, provided that:
(a)
The proposed enlargement is contained entirely within the parcel
of property upon which the nonconforming use was located at the time
such use became nonconforming. No nonconforming use or accessory use
thereto, shall encroach upon or extend to another parcel of land added
to the original parcel after the date the use became nonconforming.
(b)
Permission to enlarge or expand the existing nonconforming use,
as described in this section, shall not be construed to permit a new
use or uses to be established on the property.
(c)
A nonconforming use within an existing structure may be expanded
to other areas within the structure not already dedicated to the nonconforming
use, provided the expansion of such nonconforming use does not exceed
50% of the area of the structure already dedicated to the use.
(d)
A structure containing a nonconforming use may be enlarged to
accommodate the expansion of a nonconforming use, provided the enlargement
does not exceed 50% of that area of the structure already dedicated
to the nonconforming use.
(e)
A nonconforming use of land alone, may be expanded through existing
property provided the expansion does not exceed 50% of the area of
the land already dedicated to the nonconforming use. Along with their
application for a special exception under this section, the applicant
for expansion must submit a survey, prepared by a registered engineer
or land surveyor, containing metes and bounds descriptions of the
following areas:
(f)
The property shall be marked with temporary markers locating
the areas referenced in this paragraph on the ground from the time
of application through the date the Zoning Hearing Board acts on the
application. In the event the Zoning Hearing Board approves such application,
the property shall be marked with permanent markers locating the areas
referenced in this paragraph within 30 days of the date of the Board's
decision.
(g)
Any proposed enlargement or expansion of a nonconforming use
of land or structure shall conform to the dimensional standards (i.e.,
setback, area, coverage, height, etc.) as well as any and all other
requirements of the district in which the nonconforming use is located.
(3)
Change of nonconforming use. A nonconforming use or structure may
be changed-to another nonconforming use or structure only if the Zoning
Hearing Board determines that the change is equally appropriate or
more appropriate to the character of the district and neighborhood
in which the property is located. In making such determination the
Board shall take into consideration the following factors, where applicable:
(a)
Number of employees.
(b)
Amount of employee and visitor parking required.
(c)
Number of commercial vehicles serving the proposed use and the
number of such vehicles to be parked at the premises or vicinity of
the use.
(d)
Traffic volumes and congestion to be generated.
(e)
Adverse environmental effects generated by the proposed use.
(f)
The extent to which the property owner will take measures to
reasonably decrease the impact of the use upon adjacent properties.
(g)
The size and location of the property on which the use is located.
(h)
The impact of the proposed use on abutting properties.
(i)
The hierarchy of uses authorized as permitted, conditional or
special exception uses within the Township under this chapter, as
may be required under the laws of the Commonwealth of Pennsylvania,
beginning with the C Conservation District and ending with the M-1
Manufacturing District.
(j)
Such other criteria as the Zoning Hearing Board may deem relevant.
(4)
Restoration, relocation or reconstruction. If an existing nonconforming
use or structure is destroyed, then a permit for its reconstruction
may be obtained if such permit application is filed within 90 days
of the initial destruction, and reconstruction is completed within
18 months after obtaining said permit. An existing nonconforming use
or structure which is damaged but not destroyed can be restored without
regard to when the initial damage occurred or when the restoration
is completed, so long as the building permit applicant otherwise qualifies
for a building permit. Any restoration under this paragraph shall
not cause the change or expansion of the nonconforming use. Also,
a nonconforming use or structure, when razed or removed from the premises,
shall not be relocated on the premises except in conformity with the
regulations of the district in which it is then located.
C.
Effect of change and abandonment of a nonconforming use.
(1)
No nonconforming use or structure may be reestablished after it has
been discontinued for a period of 12 months or more. Failure to use
the property for the nonconforming use for a period of 12 months or
more shall be evidence of the intention to abandon the nonconforming
use.
(2)
A preexisting nonconforming use of property, when discontinued for
a period in excess of 12 months, shall not be considered as a nonconforming
use for purposes of this section. However, such discontinued use of
the property may be taken into consideration by the Zoning Hearing
Board in considering a request for use or dimensional variances for
any new use of the property.
(3)
The change from one nonconforming use to another nonconforming use
under this chapter shall operate to extinguish, discontinue and end
the prior nonconforming use.
(4)
Where multiple nonconforming uses lawfully exist on a property at
the date of this chapter's enactment, the discontinuance of any of
such uses for a period of 12 months shall operate to extinguish, discontinue
and such nonconforming use.
D.
Nonconforming uses in floodplains. When any nonconforming use or
structure located in a floodplain is expanded, reconstructed or otherwise
modified under this section, and the cost of same is equal to 50%
or less of its market value, any expanded, reconstructed or modified
area shall be flood-proofed and elevated to the greatest extent practicable.
(1)
In the event any nonconforming use or structure located in a floodplain
shall be expanded, reconstructed or otherwise modified under this
section, and the cost of same is equal to or exceeds 50% of its market
value, the entire structure shall be modified to fully comply with
the flood-proofing standards of this chapter.
(2)
No nonconforming structure located in a floodway district shall be
expanded or enlarged unless the effect of the proposed expansion or
enlargement on flood heights is fully offset by constructing such
improvements consistent with the regulations for the floodway district.
E.
Towers and antennas.
(1)
The construction of or additions to towers and regulated under this
chapter shall not be considered by the Zoning Hearing Board as an
expansion of a nonconforming use of the property or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of Sections of this chapter and any other applicable state, local
or federal regulations.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas.
Notwithstanding the foregoing provisions, bona fide nonconforming
towers or antennas that are damaged or destroyed may be rebuilt without
having to first obtain administrative approval or a special use permit
if the type, height and location of the tower on site shall be of
the same type and intensity as the original facility approval. Building
permits to rebuild the facility shall comply with the then applicable
building codes and shall be obtained within 180 days from the date
the facility is damaged or destroyed. If no permit is obtained, or
if said permit expires, the tower or antenna shall be deemed abandoned
as set forth above.
