Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 321, passed 12-10-1998]
A. 
NONCONFORMING LOT — A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
B. 
NONCONFORMING STRUCTURE — A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. Such nonconforming structures include, but are not limited to, nonconforming signs.
C. 
NONCONFORMING USE — A use, whether of land or of structure, that was lawful prior to the adoption, revision or amendment of the Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
[Ord. No. 321, passed 12-10-1998]
Any nonconforming lot, nonconforming structure, or nonconforming use of a structure or land existing on the effective date of this Ordinance, or amendment thereto, may be continued, except as otherwise provided in this Chapter.
[Ord. No. 321, passed 12-10-1998]
A. 
A nonconforming lot which contains no buildings and which is in single and separate ownership at the effective date of this Ordinance may be used or a building erected thereon under the following conditions:
1. 
The owner does not own or control other adjoining properties sufficient to enable compliance with the area and bulk requirements for the district.
2. 
A special exception is granted by the Zoning Hearing Board, in accordance with the provisions of Section 1282.06, provided that:
a. 
The use of the lot and building shall conform to the permitted uses in the district.
b. 
All yard, height, coverage, buffer, and parking requirements for the district shall be observed.
3. 
In any residential district, a single-family dwelling may be constructed on a nonconforming lot without special exception by the Zoning Hearing Board if the conditions of Section 1258.02A., "Exception to Minimum Lot Size", are met.
[Ord. No. 321, passed 12-10-1998]
A. 
A nonconforming structure on a conforming or nonconforming lot may be expanded provided that the existing nonconformity or nonconformities are not increased and that no new nonconformities are created.
B. 
A nonconforming use on a conforming lot may be expanded provided that:
1. 
A special exception is granted by the Zoning Hearing Board, in accordance with the provisions of Section 1282.06.
2. 
The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming.
3. 
The proposed expansion shall conform to the most restrictive yard, height, coverage, and buffer requirements for that use.
4. 
The number of parking spaces provided for the expanded use shall meet current Township standards.
5. 
Any increase in building or floor area shall not exceed an aggregate of more than 25% of the building or floor area, whichever is less, existent at the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity.
C. 
A nonconforming use on a nonconforming lot may be expanded provided that:
1. 
A special exception is granted by the Zoning Hearing Board, in accordance with the provisions of Section 1282.06.
2. 
The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming; except that, if the owner of such a lot owns or controls adjacent land sufficient to enable him or her to enlarge the lot in conformity with the district regulations, he or she shall be required to do so before any enlargement or additional buildings are permitted, unless such enlargement would create nonconformity of any type on the adjacent land.
3. 
The provisions of subsections B3 through B5, above, are met.
[Ord. No. 321, passed 12-10-1998]
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 a different nonconforming use only under all of the following conditions:
A. 
Such change shall be permitted only as a special exception by the Zoning Hearing Board, in accordance with the provisions of Section 1282.06.
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
2. 
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
3. 
Storage and waste disposal.
4. 
Appearance.
[Ord. No. 321, passed 12-10-1998]
A nonconforming structure, or any structure containing a nonconforming use, which has been legally condemned, razed, or has been damaged by fire, explosion, flood or other causes to the extent of more than 75% of its fair market value shall not be repaired, reconstructed, or used except in conformity with the regulations of this Ordinance. Structures with damage to the extent of 75% or less of the fair market value may be reconstructed or repaired and used for the same nonconforming use with the following provisions:
A. 
The reconstructed structure shall not exceed the height, area, or volume of the damaged structure.
B. 
Reconstruction shall begin within one year from the date of the damage and shall be carried on without interruption.
[Ord. No. 321, passed 12-10-1998]
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this Ordinance. For the purpose of this Ordinance, abandonment shall commence when the nonconforming use ceases.