[1]
Editor's Note: The title of this article was changed from
"Nonconforming Uses" to "Nonconforming Uses, Structures and Lots" 4-5-2023 by Ord. No. 677.
[Amended 9-21-2006 by Ord. No. 556; 1-16-2020 by Ord. No. 662]
A.
Use. Any land, the existing lawful use of which at the time of passage
of this chapter does not conform to the regulations of the district
in which it is located, either because of the original passage of
this chapter or because of subsequent amendments of applicable regulations,
shall have such use considered as a nonconforming use, which may continue
on such land but shall be subject to the regulations governing nonconforming
uses.
B.
Dimensions.
(1)
A existing nonconforming lot which, continuously from before
the time of the enactment of the original Lower Providence Township
Zoning Ordinance on May 8, 1955, has been of lawful public record
and in single and separate ownership may be utilized for construction
of a single family detached dwelling provided that:
(a)
Such lot is not less than one acre in the R-1 Zoning District
and not less than 80% of the minimum lot area in all other zoning
districts.
(b)
The building coverage on the lot shall not exceed 20% of the
area of the lot, and impervious surface coverage on the lot shall
not exceed 35% of the area of the lot; unless a higher building coverage
limitation or impervious surface limitation for a single-family detached
dwelling is allowed in the zoning district in which the lot is located.
(c)
The front and rear yards shall aggregate at least 60% of the
total lot depth or meet the normal requirements of the zoning district
in which the lot is located. In no case shall a front yard or a rear
yard be less than 30 feet in depth.
(d)
The side yards shall aggregate at least 40% of the total lot
width or meet the normal requirements of the zoning district in which
the lot is located. In no case shall a side yard be less than 12 feet
in width.
(e)
The lot is served by public water and sewer in all zoning districts except the R-1. Those lots not served by public water and sewer shall meet all requirements of the Montgomery County Department of Health and Chapter 117, Sewers, of the Township Code.
(f)
The lot is located in a residential district, the RPW Ridge
Pike West District, Ridge Pike Business District, or the Village Commercial
Districts.
(2)
A nonconforming lot which is located in nonresidential district
such as the General Commercial District, the Highway Commercial District,
the Professional and Business Office District, the Mixed-Use District,
the Industrial District, the Industrial Park District, the Limited
Industrial District, the Public Facilities and Open Space Overlay
District, or the Institutional Overlay District must obtain the necessary
variances to be developed.
(3)
As of or subsequent to January 19, 2020 (the date of adoption
of this provision), where two or more adjacent lots, one or more of
which is nonconforming based on lot size, are concurrently owned by
the same owner, these adjacent lots shall be merged to minimize the
nonconformity. The term "same owner," as used in this subsection,
includes, in addition to a single person or entity, multiple persons
with familial relationships and multiple parties with common ownership,
business, and/or financial interests. There shall be a rebuttable
presumption that corporations, partnerships, or other for-profit or
nonprofit entities which are organized, owned or controlled by one
or more of the same individuals, entities or organizations that such
corporation, partnership or other for-profit or nonprofit entity is
or was organized or used for the purpose of avoiding having adjacent
lots being considered to be owned by the "same owner." Such lots therefore
are not recognized as separate owners for the purposes of this subsection.
This presumption may be rebutted with credible evidence that the corporation,
partnership, or other for-profit or nonprofit entity was not created
for the exclusive or primary purpose of avoiding compliance with this
section.
[Amended 4-5-2023 by Ord. No. 677]
[Amended 9-21-2006 by Ord. No. 556]
Any lawful building or the lawful use of any
building existing at the time of the passage of this chapter that
does not conform to use, height, location, size or bulk regulations
of the district in which it is located either because of the original
passage of this chapter or because of subsequent amendments of applicable
regulations shall be considered a nonconforming building or use and
may continue as such in its present location but shall be subject
to the regulations governing nonconforming uses.
A nonconforming building or use shall be considered
as such unless and until it complies with the regulations of the district
in which it is located. Such use shall not be changed to a use designated
for a district having less restrictive regulations.
[Amended 9-21-2006 by Ord. No. 556]
If a nonconforming use of land ceases and the
landowner intends to abandon the use, then the subsequent use of such
land shall be in conformity with the regulations of the district in
which it is located. Should the nonconforming use of land cease for
a continuous period of one year or more, then it shall be presumed
that the landowner has intended to abandon such nonconforming use.
Any lawful nonconforming use of a portion of
a building may be extended throughout the building, and any lawful
nonconforming building or any building of which a lawful nonconforming
use is made may be extended upon the lot occupied by such building
and held in single and separate ownership on the effective date of
this chapter, provided that the area of such building shall not be
increased by more than a total of 25% of the area of such building
existing on the date it first became a lawful nonconforming building
or a building of which a lawful nonconforming use is made, and provided
further that any structure alteration, extension or addition shall
conform with all height, area, width, yard and coverage requirements
for the district in which it is located.
[Amended 9-21-2006 by Ord. No. 556]
The Zoning Officer shall have sole discretion
to determine whether resumption or change of nonconforming use is
of the same class of use and is permissible. If the Zoning Officer
determines that the applicant is proposing a change of use, the proposed
use must be approved as a special exception by the Lower Providence
Township Zoning Hearing Board.
[Amended 9-21-2006 by Ord. No. 556]
A building containing a nonconforming use and
a building nonconforming as to area and height destroyed by fire or
legally condemned may be reconstructed and used for the same nonconforming
use, provided that building when rebuilt does not exceed the height
and area of the building so destroyed or condemned subject also to
other regulations of nonconforming uses herein contained. If building
reconstruction is not started within one year from the date the building
was damaged or destroyed and is not carried on without interruption,
it shall be presumed that the landowner has intended to abandon such
nonconforming use.
A temporary nonconforming use which will benefit
the public health or welfare or promote proper development of a district
in conformity with the intent of this chapter may be permitted for
a period of not more than one month, on the approval of the Zoning
Hearing Board, but any such use to be permitted for a longer period
shall require a public hearing thereon, after which a Zoning Hearing
Board certificate may be issued for a period not exceeding one year
in any case.
Wherever a property is used for the storage
of motor vehicles in connection with a nonconforming business in a
residential zone, the storage, parking and placement of vehicles,
whether operative or disabled, shall at all times be limited to the
portion of the line inside the setback lines of the property, so that
no such vehicle is placed or parked within the required front, side
or rear yards.
