Township of Spring Garden, PA Article IV Modifications and Nonconformities

§ 310-27 Setback modifications.

A. Front setbacks from major thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, all structures along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be any street as specified in the Spring Garden Township Comprehensive Plan as an arterial or collector street.

B. Front setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum setback for the property.

C. Setback on corner lots. In the case of corner lots, two front yards shall be provided (the second of which shall exist in lieu of one side yard).

D. Clear sight triangle.

(1) Proper sight lines must be maintained at all driveway intersections. Measured along the center line of the driveway, there must be a clear sight triangle with sides as follows:

(a) Residential driveways: 20 feet.

(b) Nonresidential driveways: 50 feet.

(2) No structures or sight obstructions are permitted within such triangle except as follows:

(a) Obstructions or plantings less than three feet in height.

(b) If not obstructing the view of traffic, post columns and trees not exceeding one foot in diameter at maturity.

E. Accessory or appurtenant structures. The setback regulations do not apply to:

(1) School bus shelters, telephone booths and cornices, eaves, chimneys, steps, canopies and similar extensions, including unenclosed and uncovered porches and unenclosed and uncovered patios.

(2) Alterations, additions or extensions to existing buildings, provided the alteration, addition or extension will not further violate a setback provision that is currently violated at the time of application, and provided that the alteration, addition or extension will not violate a new setback provision that is not currently violated.

(3) Open fire escapes.

(4) Minor utility structures, articles of ornamentation or decoration.

(5) Fences, retaining walls.

§ 310-28 Height modifications.

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.

§ 310-29 Lots for two-family dwellings.

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.

§ 310-30 Lot width modifications.

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.

§ 310-31 Buildings under construction.

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.

§ 310-32 Division of built-on lots.

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).

§ 310-33 Status of subdivision or land development plan.

A. From the time an application for approval of a subdivision or land development plan, whether preliminary or final, is duly filed as provided in the Subdivision and Land Development Ordinance (Chapter 275), and while such application is pending approval or disapproval, no enactment or amendment of this chapter shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of this chapter as it stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary plan application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in this chapter.

B. When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in this chapter or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

§ 310-34 Lots of record.

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.

§ 310-35 Nonconformities.

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.