[Amended 3-21-1988 by Ord. No. 97-1988]
A.
Continuation. Any lawful nonconforming structure or
any lawful nonconforming use of a structure or land legally existing
on the effective date of this chapter may be continued, except as
otherwise herein provided.
B.
Extension and additional buildings and/or structures. Any lawful nonconforming use of a portion of a building and/or structure may be extended throughout the building and/or structure, provided that any existing nonconformity with respect to required setback or yards is not increased and all other applicable bulk, design and other requirements of this Chapter 115, Zoning, for the applicable zoning district are satisfied. Subject to the requirement that any existing nonconformity with respect to required setback or yards is not increased and all other applicable bulk, design and other requirements of the Zoning Ordinance for the district are satisfied, the area of such building(s) and/or structure(s) shall not be increased by more than 25% of the area of such building(s) and/or structure(s) existing on the date it first became a nonconforming building and/or structure or a building and/or structure of which lawful nonconforming use is made. Any structural alteration, extension or addition to existing buildings and/or structures shall conform to all area, height, width, yard and coverage requirements for the district in which it is located.
[Amended 2-13-1990 by Ord. No. 117-1990; 8-10-2004 by Ord. No. 4-2004; 11-8-2005 by Ord. No. 9-2005]
C.
Exceptions.
[Added 2-13-1990 by Ord. No. 117-1990[1]; amended 11-8-2005 by Ord. No. 9-2005; 9-9-2008 by Ord. No.
2-2008]
(1)
As to impervious cover only, notwithstanding the requirements of § 115-96B above, a single-family detached dwelling located in the R-1 or R-2 District on any single lot of record in existence on March 21, 1988, which dwelling does not meet the impervious coverage requirements for the district in which it is located, shall be permitted to surpass the impervious coverage requirement in the district in which it is located by no more than 15% of the existing cover or 15% of the maximum otherwise applicable in the district in which it is located, whichever is greater. The amount surpassed may be applied to either building coverage or impervious coverage, provided that in no case shall impervious cover exceed 35%. Any modification, alteration, repair, reconstruction or improvement of any kind to an extent or amount of 50% or more of its impervious cover shall be undertaken only in full compliance with the impervious coverage standards for the district in which it is located.
(2)
Notwithstanding the requirements of § 115-96B above, a single-family detached dwelling that was developed and constructed in accordance with the Cluster Ordinance that was in existence between March 14, 1989 (Ordinance No. 107 of 1989, amended by Ordinance No. 128 of 1991), and April 9, 1996 (Ordinance No. 2 of 1996), which dwelling does not meet the area and bulk requirements for the district in which it is located, shall be permitted to exceed the district requirements, provided that the area and bulk requirements of the Cluster Ordinance shall be met.
[Amended 8-10-2010 by Ord. No. 2-2010; 9-13-2011 by Ord. No.
3-2011]
D.
Use of land. Any lawful nonconforming use of land,
exclusive of buildings and the use contained therein, may be extended
upon the lot upon which it exists at the time of the effective date
of this chapter, but such extension shall conform to area and bulk
regulations and to the design standards of this chapter. The extension
of a nonconforming use on a lot shall be limited to the lot which
was in existence on the effective date of this chapter.
E.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character and for such purpose a building may be extended on the same lot in accordance with Subsection B of this section by grant of conditional use by the Board of Supervisors after holding a public hearing to consider the proposed change provided that the proposed new use will be similar to or less detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Board of Supervisors shall take into consideration, among other things, traffic generated, nuisance characteristics (such as emission of noise, dust, glare and smoke), fire hazards and hours and manner of operation. Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
[Amended 11-10-2020 by Ord. No. 05-2020]
F.
Restoration. Any lawful nonconforming building or
other structure which has been involuntarily damaged or destroyed
by fire, explosion, windstorm or other similar active cause, to an
extent of not more than 75% of its fair market value, may be reconstructed
in the same location, provided that:
G.
Abandonment. If a lawful nonconforming use of land
or of a building or other structure is abandoned or discontinued for
a continuous period of six months or more, subsequent use of such
building or structure or land shall be in conformity with the provisions
of this chapter.
H.
Nonconforming signs. Any sign, signboard, billboard or advertising
device legally existing at the time of the passage of this chapter
that does not conform to the regulations of the district in which
it is located shall be considered a nonconforming sign and may be
used in its existing location, provided that it is maintained in good
condition and repair at all times. Nonconforming signs once removed
may be replaced only with conforming signs; however, legal nonconforming
signs may be repainted or repaired, provided that such repaired or
repainted sign does not exceed the dimensions of the existing sign.
[Amended 9-13-2011 by Ord. No. 3-2011]
I.
Uses and/or structures rendered nonconforming by the adoption of the Steep Slope Conservation District. Following the adoption of § 115-43, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified in § 115-43D shall become a nonconforming use or structure, regardless of its conformance to the base zoning district in which it is located without consideration of this section. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XVI of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in § 115-43E(2) above are applied to the expansion or continuance of said nonconforming use or structure.
J.
A nonconforming agricultural operation may be changed
from one type of agricultural operation to another or expanded up
to 25% provided that the land used for the nonconforming agricultural
operation and the surrounding land has been used for the same agricultural
operation for the past five years, and provided that, by grant of
Special Exception, the Zoning Hearing Board determines that the expanded
agricultural operation will not have a direct adverse affect on the
public health and safety.
[Added 1-11-2005 by Ord. No. 1-2005]
A.
Except for lots improved with single-family detached dwellings, which lots meet the criteria set forth in § 115-97B and C, where applicable, a building may be erected or altered on any lot held, at the effective date of this chapter, in single and separate ownership which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that a special exception is authorized by the Zoning Hearing Board, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter, as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning Hearing Board may impose the following requirements:
[Amended 2-13-1990 by Ord. No. 117-1990]
(1)
That the use of the lot may be required to conform
to the permitted uses in the district in which such lot lies.
(2)
That the building height may be restricted to that
specified for other buildings within the district in which the lot
lies.
(3)
That the design standards imposed for uses within
the district in which the lot lies may be applied to the use of the
lot.
(4)
That adequate on-site or off-site sewage disposal
and water supply facilities are available for the use intended.
(5)
Such conditions as are necessary to assure that the
general purpose and intent of the Zoning Ordinance are complied with.
B.
In any district in which single-family dwellings are
permitted, notwithstanding the area limitation imposed by other provisions
of this chapter, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record in existence
at the effective date of adoption or amendment of this chapter without
Zoning Hearing Board action, provided that such lot must be held,
in single and separate ownership on March 21, 1988, and that adequate
on- or off-site sewage disposal and water supply facilities are available
for the use intended.
[Amended 4-14-2009 by Ord. No. 2-2009]
C.
In addition to the provisions of § 115-97B above, in the R-1 or R-2 District on any single lot of record held in single and separate ownership on March 21, 1988, which does not meet the required minimum area requirements for the district in which it is located, a single-family detached dwelling may be constructed without obtaining a special exception from the Zoning Hearing Board pursuant to § 115-97A, provided that any and all applicable bulk, setback, yard, design standards and other requirements of the Zoning Ordinance for the district are satisfied.
[Added 2-13-1990 by Ord. No. 117-1990; amended 4-14-2009 by Ord. No. 2-2009]
An inventory of nonconforming structures and
uses, taken as of the date of adoption of this chapter, shall be kept
on file in the official files of the Township.
