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.
A. 
Except as stipulated in Subsection B below, any sign existing at the effective date of this chapter, or subsequent amendment, that does not conform to the provisions of Article XVIII of this chapter shall be considered a nonconforming sign and shall comply with the requirements of § 170-1807C.
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.