The height regulations do not apply to the following projections,
provided that the height of any such projection above its base shall
not be greater than the shortest distance measured along a horizontal
plane from such base to any lot line:
A. Structures such as chimneys, standpipes, flagpoles, television antennas,
satellite reception/transmission dishes or radio towers.
B. Structures on buildings such as clock towers, cupolas, water tanks
and other mechanical appurtenances, if such structures, at any level,
do not cover more than 25% of the roof on which they are located.
C. Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet.
D. These height exceptions shall not apply to any communications antennas
or communications towers.
Where it is desired to have each dwelling unit of two-family
attached or semidetached dwellings located on a separate lot, the
following requirements shall apply:
A. The area and width of each lot shall be equal to or greater than
1/2 the minimum lot area and lot width requirements of the zone in
which the two-family dwelling is to be located.
B. Each lot shall only be required to have one side yard. Such side
yard shall be at least 10 feet wide.
The minimum lot width for properties abutting the turnaround
circle of a cul-de-sac street may be calculated at the front setback
line rather than the street line, but in no case shall the lot width
at the street line be less than 40 feet for an R-1, R-2, A-O or C
District, 50 feet for an IP District and 100 feet for an OS District.
If the construction is completed by one year after the effective
date, a building, the foundation of which was completed before the
effective date, may be constructed without being bound by the requirements
of this chapter. In like manner, a building, the foundation of which
was completed before an amendment, may be constructed if the construction
is completed within one year after the amendment.
No lot may be formed from part of a lot occupied by a building unless each newly created lot will meet all the applicable provisions of this chapter and the Township Subdivision and Land Development Ordinance (Chapter
275).
On a lot where adjacent lots or land were not owned by the said
lot owner or owners, both on the effective date of this chapter and
on the date of the request for the erection of a building or otherwise,
which does not fulfill the regulations for the minimum lot area and/or
lot width for the zone in which it is located, a building may be erected,
altered or used and any conforming or permitted use may be established,
providing the setback requirements are not less than the minimum specified
herein for the zone in which the lot is located.
Nonconforming uses and structures and dimensional nonconformities:
A. Continuance.
(1) Except as otherwise provided in this section, the lawful use of land
or building existing at the date of the adoption of this chapter or
amendment thereto may be continued although such use of land or building
does not conform to the use regulations specified by this chapter
or amendment thereto for the zone in which such land or building is
located.
(2) Except as otherwise provided in this section, any dimensional nonconformities
existing at the date of the adoption of this chapter or amendment
thereto may be continued.
B. Expansion and alteration.
(1) Upon application for a special exception and in accordance with the provisions of §
310-42, the Zoning Hearing Board may approve the expansion or alteration of a use of land or building which is not in conformance with the provisions of this chapter.
(2) A dimensional nonconformity may be altered or expanded only if such alteration or expansion is in conformance with the provisions of this chapter; however, upon issuance of a special exception, in accordance with the provisions of §
310-42, the Zoning Hearing Board may authorize additions or improvements to dimensional nonconformities.
C. Replacement.
(1) Upon application for a special exception and in accordance with the provisions of §
310-42, the Zoning Hearing Board may approve the replacement of one nonconforming use by another nonconforming use; provided, however, that the proposed nonconforming use will have no more adverse affect upon adjacent property than the existing nonconforming use.
(2) Upon application for a special exception and in accordance with the provisions of §
310-42, the Zoning Hearing Board may approve the replacement of one dimensional nonconformity by another dimensional nonconformity, provided that such replacement does not create new dimensional nonconformities or further increase existing dimensional nonconformities.
D. Restoration. If any nonconformity is destroyed by reason of windstorm,
fire, explosion or other act of God or a public enemy to an extent
of more than 75% of the market value as appraised for the tax assessment
purposes, then such destruction shall be deemed "complete destruction"
and the destroyed nonconformity may not be rebuilt, restored or repaired
except in conformance with the provisions of this chapter. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition any wall, floor or roof which has been declared unsafe.
E. Abandonment. A nonconforming use shall be adjudged as abandoned when
there occurs a cessation of any such use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated, and the
structure shall not be reoccupied except in conformance with this
chapter.
F. Reversion. No nonconformity shall, if once changed to conform to
the regulations of this chapter, be changed back again to a nonconformity.
G. Zone changes. Whenever the boundaries of a zone shall be changed
so as to transfer an area from one zone to another zone of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses or dimensional nonconformities existing therein or created thereby.
H. Identification and registration.
(1) Nonconforming uses and nonconforming structures shall be identified
and registered by the Zoning Officer.
(2) An application for such identification and registration of nonconformities
is available from the Township Zoning Officer. Said application shall
be made to the Township Zoning Officer by the owner of any property
which at the time of the effective date of this chapter amendment
or any subsequent amendment to this chapter does not conform to the
provisions of the ordinance amendment or any subsequent zoning ordinance
amendment. Application shall be made by the property owner within
90 days after the effective date of the amendment that created the
nonconformity. The application shall set forth in detail all of the
nonconforming conditions of said property. The filing of the application
with the Township Zoning Officer shall be for the purpose of the property
owner to have the right to continue the nonconformity.
I. Nonconforming structures over 10 years old. Notwithstanding any other
provision herein, if a nonconforming structure is over 10 years old
and it becomes in need of repair or replacement, such repair or replacement
shall be permitted, provided:
(1) An application shall be filed registering the nonconformity if it
has not been previously identified and registered by the Zoning Officer
or the applicant or a prior owner.
(2) The repair or replacement is not materially different from the original
nonconformity.
(3) The applicant applies for a building permit.
(4) There has been no abandonment of the nonconformity.
(5) The Zoning Officer may defer to the Board of Commissioners approval
of any nonconforming structure that presents a safety hazard or nuisance
in the opinion of the Zoning Officer. The Board may deny approval
of the repair or replacement of the nonconforming structure only if
it is shown that the nonconformity is a safety hazard or nuisance.
"Safety hazard" shall mean a condition that presents a likelihood
of harm to any person. "Nuisance" shall mean a condition that presents
an offensive and unsightly or severe inconvenience to any person of
reasonable taste and sensibility or as otherwise defined in the First
Class Township Code or other ordinances of Spring Garden Township.
A nonconforming structure that has existed for 20 years without injury
or formal objection shall be presumed to present no hazard or nuisance.
(6) Proof of 10 years' existence of nonconforming structure.
(a)
It shall be the applicant's burden to prove that a nonconforming
structure has been in existence for more than 10 years.
(b)
Affidavits of two persons who have personal knowledge of the
existence of the nonconformity, dated photographs or other reliable
evidence shall be presented by the applicant.