Zoning nonconformities are existing uses, structures or lots
that were legally established prior to a change in zoning provisions
and which do not comply with new ordinance standards. When East Hempfield
Township revises land use policies and zoning regulations in response
to comprehensive planning or new zoning updates, existing uses may
become nonconforming. This section provides guidance for the continuation,
restoration, replacement or expansion of such nonconforming uses.
Except as otherwise provided in this section, any use, building,
or structure lawfully existing at the time of enactment of this chapter
may be continued, although it is not in conformity with the regulations
specified by this chapter.
If a nonconforming use of land or of a building or structure
ceases or is discontinued for a continuous period of one year or more,
such use shall be deemed abandoned and the subsequent use of such
building, structure or land shall be in conformity with the provisions
of this chapter.
A building or structure in existence at the time of enactment
of this chapter that is nonconforming for dimensional reasons can
be expanded, as long as the expansion does not increase the nonconformity
and the new construction complies with the other applicable sections
of this chapter.
Any nonconforming use may be replaced or substituted by another
nonconforming use by special exception. In evaluating an application
to replace or substitute one nonconforming use by another, the East
Hempfield Township Zoning Hearing Board shall consider the following
criteria for approving, denying, or approving subject to condition(s)
the requested replacement or substitution:
A. The proposed use is permitted in the zone in which the nonconforming
use would be a permitted use, or in a more restrictive zone than the
zone in which the nonconforming use would be a permitted use;
B. The proposed use shall not generate more traffic than the existing
nonconforming use;
C. The proposed use, if commercial or industrial in nature, shall not
have longer hours of operation than the existing nonconforming use;
D. The proposed use shall not generate higher levels of noise, smoke,
or glare off of the lot than the existing nonconforming use;
E. The proposed use or uses cannot increase the number of existing nonconforming
uses; and
F. A conforming use cannot be established together with a substitution
of nonconforming uses.
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:
A. The reconstructed building or structure shall not exceed the height,
area or volume of the damaged or destroyed building or structure,
and such reconstructed building or structure shall not increase any
dimensional nonconformities; and
B. Reconstruction shall begin within one year from the date of damage
or destruction, and shall be carried on without interruption.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign,
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign, or land shall
be authorized. In the event a nonconforming building, structure, sign,
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion
if permitted by this chapter shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.