A.
Within the zoning districts established by this chapter
or subsequent amendments thereto, there exist or will exist certain
nonconformities which, if lawful before this chapter was passed or
amended, may be continued, subject to certain limitations.
B.
Nothing in this chapter shall be deemed to require
a change in the plans for any building, structure or land use for
which a zoning and/or building permit was issued prior to the effective
date of this chapter or subsequent amendment thereto, provided that
activity authorized by the zoning permit is begun, in the opinion
of the permit officer, within six months of the issuance of the permit.
A.
Any lot 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 use regulations of that district, provided that all yard, height, coverage and open space requirements of the zoning district shall be met, further subject to Subsection B; provided, however, that when a subdivider has had an application for approval of preliminary or final subdivision plan approved prior to this effective date of this chapter, no provision in this chapter shall be applied to affect adversely the right of the subdivider to commence and complete any aspect as are established within the Pennsylvania Municipalities Planning Code, as amended.[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 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 all yard, height, coverage
and open space requirements of the district are met; provided, however,
that 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
and/or area requirements established by this chapter, nor shall any
division of any parcel be made which creates a lot width or area below
the requirements stated in this chapter.
After the enactment of this chapter, the Zoning
Officer shall identify and register nonconforming uses and structures
and lots, together with the reasons why they were identified as nonconformities.
A.
A nonconforming use may not be reestablished if the use is discontinued for a continuous one-year period unless the owner informs the Township of his intention not to abandon the use. Notification shall be by filing a Certificate of Intention to Continue with the Township Zoning Officer as provided for in § 184-213 of this chapter. Vacation of land or buildings or the termination of the use normally carried on upon the property shall be evidence of discontinuance.
B.
If, after filing a Certificate of Intention to Continue,
the nonconforming use is not commenced within one year from the end
of the initial one-year period, the nonconforming use shall be considered
abandoned and shall not be reestablished.
A nonconforming use may be changed to a conforming use by right. A nonconforming use, if changed to a conforming use, shall not be changed back to a nonconforming use. A nonconforming use shall not be changed to any other nonconforming use unless the Zoning Hearing Board shall grant a special exception. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation emission, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in § 184-153 of this chapter. The Zoning Hearing Board may specify conditions and safeguards in connection with the granting of a special exception.
[Amended 8-5-2008 by Ord. No. 245-2008]
A.
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.
B.
Any additional structures, uses or buildings erected
or establishing connection within an existing nonconforming use shall
meet all the area, yard and height regulations of the applicable zoning
district.
C.
A nonconforming use, other than a single-family residence, shall not be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation omission, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in § 184-153 of this chapter. A single-family residence which is a nonconforming use shall be allowed to expand its nonconformity by expansion or construction of an accessory building as long as the proposed expansion or proposed accessory structure meets all the area, yard and height regulations of the applicable zoning district. The zoning officer for the Township shall have the authority to approve the construction of an expansion or accessory building for a single-family residence.
D.
A nonconforming building or structure shall not be
enlarged, increased, repaired, maintained or modified in any manner
which will further violate any applicable area, yard and height regulations
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, maintenance, modifications and
additions made to those portions of the building located within the
required yard, provided that no repair, improvement, maintenance,
modification or addition shall be made which will cause any part of
the building to project into the yard further than the building did
at the effective date of this chapter.
E.
Future expansion of that portion of a nonconforming
use carried on outside a building or structure shall be in accordance
with all applicable area, yard and height regulations of this chapter.
A nonconforming use may be expanded within a building containing that
nonconforming use at the effective date of this chapter, provided
that the nonconforming use shall not occupy a portion of the building
containing a conforming use at the effective date of this chapter.
The nonconforming use may also be expanded into a new building or
extension of an existing building containing the use (except if the
nonconforming use is located within a driveway or street site triangle).
F.
Nonconforming signs shall not be expanded.
A building or structure containing a nonconforming
use or a nonconforming building or structure may be replaced by a
new building or moved to another location on the same lot, provided
that the building or structure shall comply with all area, yard and
height regulations and general regulations applicable to the zoning
district in which it is located.
A.
Any nonconforming building or structure or a building
or structure containing a nonconforming use of which the basic structural
elements are totally destroyed by any means may be rebuilt and used
for the same nonconforming use. Any subsequent building or structure
shall comply with all requirements of this chapter. New construction
shall begin within 18 months of the date of destruction and be carried
to completion without interruption.
B.
A nonconforming building or structure or a building
or structure containing a nonconforming use of which the basic structural
elements are partially destroyed, or which is partially destroyed
but which has all basic elements remaining, may be reconstructed (unless
the nonconforming use is located within a driveway or street sight
triangle). The reconstructed portions of a building or structure shall
not be more nonconforming in any respect than the portions of the
building or structure which were destroyed. Reconstruction shall begin
within 18 months of the date of destruction and be carried to completion
without interruption.
C.
Any nonconforming building or structure or building
or structure containing a nonconforming use which is destroyed to
any extent shall be inspected by the Township Zoning Officer. Any
such building or structure which shall be deemed unsafe by the Zoning
Officer shall be taken down and removed or made safe and secure as
the Zoning Officer may deem necessary in the public interest.
Total future expansion of a nonconforming use
shall not exceed 50% of the area occupied by the use at the time of
the effective date of this chapter.
No existing nonconforming use or nonconforming
building located within a driveway or street sight triangle may be
expanded or replaced within that sight triangle.
