STATUTORY REFERENCES
General provisions and definitions — See
53 P.S. § 10101 et seq.
[Ord. 223. Passed 12-10-198]
Any land, the existing lawful use of which,
at the time an applicable ordinance becomes effective, does not conform
with the regulations of the district in which it is located shall
have such use considered as a nonconforming use, which use may continue
on such land subject to all pertinent regulations covering nonconforming
uses.
[Ord. 223. Passed 12-10-1985]
Any lawful building, or the lawful use of any
building existing at the time an applicable ordinance or amendment
thereto becomes effective, that does not conform to use, height, location,
size or bulk regulations of the district in which it is located shall
be considered a nonconforming building or use and may continue in
its present location, subject to all pertinent regulations covering
nonconforming uses.
[Ord. 223. Passed 12-10-1985]
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. By special exception, a nonconforming use
of a building or premises may be changed to a use of the same or a
more restrictive zoning classification.
[Ord. 223. Passed 12-10-1985]
A nonconforming use, when discontinued, may
be resumed at any time within six months from such discontinuance,
but not thereafter. The resumption may be of the same or similar type
of use but shall not be resumed as a nonconforming use of a less restrictive
zoning classification. The discontinuance for a period in excess of
six months shall raise the presumption of abandonment, subject to
rebuttal by the property owner, by clear and convincing evidence.
[Ord. 223. Passed 12-10-1985]
The Zoning Hearing Board shall have the discretion
to determine what resumption or change of a nonconforming use is of
the same class of use and permissible.
[Ord. 257. Passed 6-21-1988; Ord. 281. Passed 11-20-1990]
(a)
By special exception, a lawful nonconforming use of
a portion of a building may be expanded within that building, provided
that such expansion does not require any structural alterations and
provided that the expansion does not exceed 25% of the gross square
footage of the floor area devoted to the nonconforming use when such
use became nonconforming.
(b)
By special exception, a nonconforming use of a building
or lot, which was legal at the time such use became nonconforming,
may be expanded so long as that expansion does not exceed either 25%
of the gross square footage of the floor area or 25% of the gross
lot coverage area devoted to the nonconforming use on the date when
such nonconforming use first became nonconforming. In addition, any
such expansion shall conform to the area, height, setback, width,
yard and coverage regulations of the district in which the nonconforming
use is located.
(c)
A building or structure which is nonconforming as
to the side or rear yard setback requirement in this Zoning Code may
be extended (even though such extension would also be nonconforming
as to the pertinent setback requirement), provided that the extension
does not involve any further incursion into the setback being violated,
does not violate any other setback requirement, is for a single-family
residential use and does not increase the gross size of the building
by more than 25%.
(d)
By conditional use, a lot on which a valid nonconforming
use is located may be reduced in size, provided the newly created
smaller, parcel does not create any additional nonconformities with
regard to the dimensional requirements of the Zoning Ordinance for
the district in which the lot is located, and further provided that
the owner of the nonconforming parcel specifically agrees that the
reduction in lot size shall be in lieu of any expansion right of the
nonconforming use (if any) which the owner would have otherwise been
entitled to under this Zoning Ordinance or Pennsylvania common law.
Existing nonconforming signage may be maintained.
[Added 12-3-2007 by Ord. No. 452]
[Ord. 223. Passed 12-10-1985; Ord. 364. Passed 7-26-1999]
If a building containing a nonconforming use
is damaged or destroyed by fire, explosion, accident or other casualty,
it may be reconstructed and used for the same nonconforming use, provided
that the reconstructed building shall not exceed in height, area or
volume the building destroyed nor shall the reconstructed building
permit a greater intensity of nonconforming use than existed before
the damage or destruction. If the building reconstruction is not started
within one year from the date of damage or destruction and carried
on without interruption, there shall be a presumption of abandonment
of the nonconforming use, subject to rebuttal by the property owner
using clear and convincing evidence.
[Ord. 223. Passed 12-10-1985]
A nonconforming building which has been legally
condemned shall not be rebuilt or used, except in accordance with
this Zoning Code.
[Ord. 223. Passed 12-10-1985]
Zoning permits shall be required for nonconforming
uses existing at the time of passage of Ordinance 1A, passed August
4, 1941, and shall be issued by the Township Code Official without
charge, stating that the use is nonconforming. The Code Official shall
notify an occupant of property being used as a nonconforming use,
who shall apply for a zoning permit within 30 days after receipt of
such notice.
