Borough of Trappe, PA
Montgomery County
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Table of Contents
Table of Contents
[Amended 6-5-2007 by Ord. No. 398]
Any existing lawful use of land which does not conform to the regulations of the district in which it is located, either because of the original passage of this chapter or because of subsequent amendment of applicable regulations, shall be considered as a nonconforming use which may continue on such land but shall be subject to regulations governing nonconforming uses.
[Amended 6-5-2007 by Ord. No. 398]
Any lawful building or the lawful use of any building which does not conform to use, height, location, size, bulk or other regulations of the district in which it is located, either because of the original passage of this chapter or because of subsequent amendment of applicable regulations, shall be considered a nonconforming building or use and may continue as such in its present location, but shall be subject to the regulations governing nonconforming uses.
A nonconforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.
[Amended 4-3-1990 by Ord. No. 267; 6-5-2007 by Ord. No. 398]
If a nonconforming use of land ceases and the landowner intends to abandon the use, then subsequent use of such land shall be in conformity with the regulations of the district in which it is located. Should a nonconforming use cease for a continuous period of six months or more, then it shall be presumed that the landowner has intended to abandon such nonconforming use. A nonconforming use cannot be resumed as a nonconforming use of a lower class.
Any lawful nonconforming use of a portion of a building may be extended throughout the building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter, or such lawful nonconforming use may be continued in any new building erected upon the lot or tract held in single and separate ownership on the effective date of this chapter; and further, such lawful nonconforming use may be continued on adjoining lots as a special exception; provided, in all such cases, that any structure, alteration, extension or addition shall conform with all the height, area, width, yard and coverage requirements for the district in which it is located.
The Zoning Hearing Board shall have discretion to determine what resumption or change of nonconforming use is of the same class of use and permissible.
[Amended 6-5-2007 by Ord. No. 398]
A nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity or which has been legally condemned (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that:
A. 
The reconstructed building shall not exceed in height, area and volume the building damaged, destroyed or condemned.
B. 
If building reconstruction is not started within one year from the date the building was damaged, destroyed or condemned and such reconstruction is not carried on without interruption, it shall be presumed that the landowner has intended to abandon such nonconforming building.
A building containing a nonconforming use and a building nonconforming as to area and height, destroyed by fire or legally condemned, may be reconstructed and used for the same nonconforming use; provided, building reconstruction is commenced within one year and carried to completion without interruption, and provided that the building when rebuilt does not exceed in height or area the building so destroyed or condemned, subject also to other regulations of nonconforming uses herein contained.
A temporary nonconforming use, which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not longer than one year, on approval of the Zoning Hearing Board.
Any sign, signboard, billboard or advertising device existing at the time of the passing of this chapter that does not conform in use, location, height or size with the regulations of the district in which it is located, shall be considered a nonconforming use, and shall not be made larger, and if discontinued for one year or longer, shall not be replaced or put up again.
[1]
Editor's Note: See also § 340-75, which also relates to nonconforming signs. That section is part of Article XI, Signs, which was added to the Zoning Ordinance 12-1-1992 by Ord. No. 281. This section is effective only as long as it is not inconsistent with § 340-75.
[Added 12-2-2003 by Ord. No. 371]
Notwithstanding any provision in the Code of the Borough of Trappe, a fence may be constructed to a height of no more than six feet.