A.
The zoning districts established by this chapter are
designed to guide future use of land in Westtown Township by encouraging
the development of desirable residential and commercial areas, with
appropriate groupings of compatible and related uses.
B.
To achieve that end, 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 Westtown 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.
C.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in plans, construction, or intended
use of any building on which actual construction was lawfully begun
prior to the effective date, or amendment, of this chapter and on
which actual building construction has been diligently carried on.
A.
Continuation. The lawful use of a structure or land
existing on the effective date of this chapter or subsequent amendment,
or authorized by a building permit issued prior thereto and not expired,
may be continued, although such use does not conform with the provisions
of this chapter.
B.
Expansion.
[Amended 5-2-2005 by Ord. No. 2005-4]
(1)
A lot which is nonconforming in regard to building
coverage or impervious coverage shall not be permitted any expansion
of such coverage beyond the existing nonconformity, as applicable.
(2)
A nonconforming use of any existing structure
may be expanded throughout such structure up to a maximum expansion
equal to 25% of the floor area dedicated to the nonconforming use
at the time it became nonconforming and if no structural alterations
are made therein; provided that such expansion may include structural
alterations when authorized as a special exception by the Zoning Hearing
Board.
(3)
A conforming structure housing a nonconforming use may be expanded upon the lot which it occupied at the effective date of this chapter, for purposes of the nonconforming use, up to a maximum expansion equal to 25% of the building area of the subject structure as it existed upon the effective date of this chapter, when authorized as a special exception by the Zoning Hearing Board. The Zoning Hearing Board may impose specific requirements on the expansion of such a building so that the extended building will continue to conform in all respects to the standards applicable within the district in which it is located. The applicant shall have the burden of proof that his application falls within the provisions of this article and that the granting of his application will not be contrary to the public interest. It shall also be the applicant's burden to produce evidence in support of his application which will assist the Zoning Hearing Board in applying the criteria set forth in § 170-2108 of this chapter.
(4)
Where expansion of a nonconforming structure
for purposes of a conforming use may be accomplished such that the
expanded portion(s) of the structure are fully conforming to the standards
applicable within the district in which it is located, such expansion
shall be permitted by right.
(5)
A nonconforming structure, regardless of use,
may be expanded upon the lot which it occupied at the effective date
of this chapter, when authorized as a special exception by the Zoning
Hearing Board and in accordance with the following:
(a)
The Zoning Hearing Board may impose specific
requirements on the expansion of such a structure so that the extended
structure will not increase the degree of nonconformity relative to
the standards applicable within the district in which it is located.
(b)
The portion of the building area (footprint)
of any such structure which is nonconforming relative to yard setback
requirements shall not be increased by more than 25%, except where
such increase in building area shall conform with applicable standards.
(c)
Notwithstanding the above, any portion of any
structure which is nonconforming relative to applicable height limitations
shall not be expanded more than 25% at the same height as existed
at the time the structure became nonconforming. In no case shall expansion
of a nonconforming structure be permitted to increase any nonconformity
relative to height.
(d)
The applicant shall have the burden of proof that his application falls within the provisions of this article and that the granting of his application will not be contrary to the public interest. It shall also be the applicant's burden to produce evidence in support of his application which will assist the Zoning Hearing Board in applying the criteria set forth in § 170-2108 of this chapter.
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.
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 50% 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 50% of the fair market value, any
restoration, reconstruction, or new construction shall comply fully
with the terms of this chapter.
E.
Discontinuance. If an owner of a building or land
which is occupied by a nonconforming use desires to discontinue such
use for an extended period of time, but intends to resume such use
at a later date, he/she may apply to the Board of Supervisors, in
writing, for a certificate of continuance, stating the reasons for
and duration of the discontinuance and the date upon which such use
will be resumed.
F.
Abandonment. If a nonconforming use of land or a building ceases or is discontinued for a continuous period of six months or more and no certificate has been granted, as stipulated in Subsection E above, such use shall be considered to have been abandoned and any subsequent use of such building or land shall conform to the provisions of this chapter. Similarly, if a certificate and renewal are granted but the nonconforming use is not resumed within the stipulated time period, such use shall be considered to have been abandoned and any subsequent use of such building or land shall conform to the provisions of this chapter.
A.
A lot held, 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 that the required minimum yard areas can be complied
with.
[Amended 12-5-1994 by Ord. No. 94-6]
B.
Where a lot cannot meet all minimum yard requirements,
or where alterations or enlargements would result in further noncompliance
with applicable district requirements, the use of such lot shall require
the granting of a variance by the Zoning Hearing Board.
[Amended 12-5-1994 by Ord. No. 94-6]
C.
In the event an owner of a nonconforming lot also
owns adjacent property which, in combination, would be sufficient
to enable him/her 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 XVIII.
[Amended 9-5-2017 by Ord.
No. 2017-3]
The standards and procedures governing nonconforming uses and structures subject to floodplain regulations shall be those contained in § 170-401J of this chapter.
