[Amended 1-21-1992 by Ord. No. 294]
As used in this chapter, the following terms
shall have the meanings indicated:
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
The lawful use of any structure or land existing
at the effective date of this chapter may be continued although such
does not conform with the provisions of this chapter, except as otherwise
provided in this article. This provision does not apply to any use
of land or structure unlawful under the Upper Southampton Township
Zoning Ordinance of 1961.
Structures damaged by fire or casualties may
be repaired and reconstructed.
A. The reconstructed structure shall not exceed the height, area, or volume of the damaged structure except as provided in §
185-68.
B. Reconstruction shall begin within one year from the
date of damage and shall be carried on without interruption.
Whenever a nonconforming use has been discontinued
for a period of one year, such use will be deemed to have been abandoned,
and such use can only thereafter be reestablished, as well as any
future use, in conformity with the provisions of this chapter.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under the following
conditions:
A. Such change shall be permitted by special exception
upon application to the Upper Southampton Zoning Hearing Board by
the applicant, and approval may be granted only where the applicant
meets the requirements set forth hereafter.
[Amended 6-16-2009 by Ord. No. 393]
B. The applicant shall show that a nonconforming use
cannot reasonably be changed to a permitted use.
C. The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use with respect to:
(1) Traffic generation and congestion, including truck,
passenger car and pedestrian traffic.
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor,
glare and vibration.
(3) Storage and waste disposal.
No nonconforming use shall be extended to displace
a conforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing therein.