The following regulations shall apply to existing
uses, structures, lots, and signs which do not conform to the provisions
of this chapter or to the provisions of any subsequent amendment hereto.
It is the policy of East Brandywine Township to seek the elimination
of such nonconformities to the maximum extent practical while avoiding
undue burdens on property owners and assuring equitable treatment.
Nonconforming uses and structures, however, generally will be permitted
to remain; the purpose of regulating them is to restrict further investment
in uses or structures which are inappropriate to their location.
Any lawful use of a structure, or of any land
or premises, existing at the effective date of this chapter, which
does not conform with the provisions of this chapter, or subsequent
amendments, shall comply with the following:
A.
Continuation. Any lawful nonconforming use of a structure
or of land legally existing on the effective date of this chapter
or subsequent amendment may be continued, except as otherwise herein
provided.
B.
Expansion of use. Any lawful nonconforming use of
a structure or of land may be expanded upon the lot on which it exists
at the time of the effective date of this chapter. Such expansion
shall conform to the area and bulk requirements and design standards
of this chapter. The expansion of a nonconforming use on a lot shall
be limited to the lot which was in existence on the effective date
of this chapter. The volume, area, or extent of the subject nonconforming
use shall not be increased by more than 25% of that which was in existence
on the lot or within a structure on the date that the use became nonconforming.
C.
Change of use.
(1)
Whenever a nonconforming use of a structure
or land has been changed to a conforming use, such conforming use
shall not thereafter be changed to a nonconforming use.
(2)
Any nonconforming use of a structure or land
may be changed to a use that conforms with this chapter, provided
that, where required, a use and occupancy permit is obtained for such
change.
(3)
A nonconforming use may be changed to another
nonconforming use only when the proposed change is a use characterized
by the same or lesser impacts on adjoining properties and the zoning
district in which it is proposed, and only when authorized as a special
exception by the Zoning Hearing Board. In making its determination,
the Board shall employ, among others, the following criteria:
(a)
The applicant shall show that the nonconforming
use cannot reasonably be changed to a use permitted in the district
where it is located.
(b)
Proposed structural alterations, if any, shall
be deemed the minimum necessary to facilitate the proposed use, and
generally should not create nor increase any structural or dimensional
nonconformity.
(c)
The applicant shall have the burden of showing
that the proposed use will have the same or lesser impact than the
existing nonconforming use with respect to:
[1]
On-street parking, traffic generation, and congestion;
[2]
Noise, smoke, dust, noxious matter, heat, glare,
vibration, and other nuisance characteristics relative to the particular
use;
[3]
Storage and waste disposal;
[4]
External appearance;
[5]
Fire hazards;
[6]
Hours of operation;
[7]
Volume of sewage generated;
[8]
Demand for water supply; and
[9]
Amount of stormwater runoff to be controlled.
D.
Abandonment. Whenever a lawful nonconforming use of
land ceases and is abandoned for a continuous period of at least four
calendar months, or a lawful nonconforming use of a structure ceases
and is abandoned for a continuous period of at least one year, subsequent
use of such structure or land shall be in full conformance with the
provisions of this chapter.
Any lawful nonconforming structure, existing
at the time of passage or amendment to this chapter, shall comply
with the following:
A.
Continuation. Any lawful nonconforming structure legally
existing on the effective date of this chapter or subsequent amendments,
may continue to exist and be used.
B.
Restoration. Any lawful nonconforming structure which
has been involuntarily damaged by fire, explosion, flood, windstorm,
or similar cause to an extent of not more than 75% of its fair market
value, or which has been legally condemned, may be restored within
the limits of the existing foundation, and within its original dimensions.
Restoration shall commence within one year from the date of damage,
destruction, or condemnation, and shall be carried on consistently,
without major interruption, on a time schedule agreed to by the Zoning
Officer at the time of building permit issuance. Where the extent
of damage or destruction exceeds 75% of the fair market value, any
restoration, reconstruction, or new construction shall comply fully
with the terms of this chapter.
C.
Extension. Any lawful nonconforming structure existing
at the effective date of this chapter may be extended, provided such
extension conforms to the applicable area and bulk requirements of
the zoning district. The additional building area represented by the
proposed extension shall not exceed 50% of the floor area of the nonconforming
building at the time of the effective date of this chapter.
A.
A vacant lot held, on the effective date of this chapter
or subsequent amendments, in single and separate ownership, which
does not meet the minimum area or dimensional requirements of the
applicable zoning district, may be used and a structure may be built
thereon, provided the required minimum yard areas can be complied
with. Where a lot cannot meet all minimum yard requirements, or where
alterations or enlargements would result in further noncompliance
with applicable district requirements, a special exception shall be
required from the Zoning Hearing Board. No application for such a
special exception shall be granted if the area of the lot in question
is less than 50% of the required minimum lot area or width for the
district in which it is located.
B.
In the event an owner of a nonconforming lot also
owns adjacent property which, in combination, would be sufficient
to enable him to comply with the provisions of this chapter, such
properties or portions thereof shall be combined prior to the erection
or alteration of a building or structure.
B.
Signs which, at the effective date of this chapter or subsequent amendment, are maintained in connection with and upon the same lot as a lawful nonconforming use may be maintained, repaired, or replaced with signs similar in size and character as long as such lawful nonconforming use continues, but may not be enlarged or otherwise substantially altered (nor may any illumination be increased or newly installed) except in accordance with the applicable regulations in Article XVII.
The limitations on extension of a nonconforming structure, as stipulated in § 399-124C, above, may be waived or modified by the Zoning Hearing Board as a special exception where the structure is designated as historically significant under the criteria in Article XII of this chapter and on the Historic Resources Map. In reaching its decision, the Board shall be guided by the criteria in § 399-145 regarding special exceptions and §§ 399-13 and 399-67 regarding historically significant properties.
The standards and procedures governing nonconforming uses and structures within the Floodplain District shall be those contained in § 399-13H of this chapter.
