A.
The purpose and objective of the provisions established under Article XII of this chapter is 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, 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 and on which actual building
construction has been diligently conducted upon.
A.
Any lot shown on a recorded subdivision or land development
plan on the effective date of this chapter which does not meet the
minimum size or width requirements of the zoning district to 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.
B.
Any lot held in single and separate ownership on the
effective date of this chapter which does not meet the minimum size
or width requirements of the zoning district to 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.
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 provision 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,
such nonconforming use 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, which
at the effective date of this chapter becomes nonconforming by reason
of restrictions on area, lot coverage, height, yards, its 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.
Except as provided in § 155-159B, total future expansion of a nonconforming use shall not exceed 25% of the gross floor area or ground area occupied by the use at the time of the effective date of this chapter. Unless otherwise permitted by Caln Township, the expansion shall be limited to a single occurrence.
[Amended 10-26-2006 by Ord. No. 2006-13]
E.
Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed by fire, explosion,
windstorm or other similar active cause may be reconstructed in the
same location, provided that:
F.
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. The reconstruction shall
be started within one year from the date the building or structure
was destroyed and shall be carried through without interruption.
G.
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 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 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. Unless otherwise permitted by Caln Township, the expansion shall be limited to a single occurrence. Notwithstanding the preceding, the provisions set forth in this subsection and in § 155-157 shall not be applicable to an expansion of a nonconforming automobile sales facility; provided, however, that any expansion of such a facility shall be governed by the area and bulk regulations applicable to such facility as set forth in Matrix Chart 7[1] as if said facility were in a C-1 District. Further, such expansion of any automobile sales facility shall comply with the objective design criteria set forth in § 155-73.
[Amended 10-26-2006 by Ord. No. 2006-13]
[1]
Editor's Note: C-1 Zoning District: Utility and Dimensional Requirements (Supplemental Matrix Chart 7) is included at the end of this chapter.
C.
Any enlargement, extension, construction, reconstruction
or structural alteration must conform to all other regulations of
the zoning district to which it is located. This provision may be
used only once for each nonconforming structure.
D.
Except as provided in § 155-159B, 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.
[Amended 10-26-2006 by Ord. No. 2006-13]
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 by 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 impact 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 a building or structure occupying a nonconforming
use is damaged or destroyed, the status of the nonconforming use shall
be eliminated at that point in time. For the purpose of this subsection, “damage”
or “destruction” shall be defined as a loss of more than
75% of the market value at the time of the damage or destruction.
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.
