A.
Within the zoning districts established by this chapter or subsequent
amendments thereto, there exists or will exist certain nonconformities
which, if lawful before this chapter was passed or amended, may be
continued, subject to certain limitations, although such nonconformities
would be prohibited, regulated or restricted under the terms of this
chapter or future amendments thereto.
B.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
on which actual building construction has been diligently carried
on.
A.
Any lot shown on a recorded subdivision plan on the effective date
of this chapter or after the enactment of subsequent amendments thereto
which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for a use permitted
by use regulations of that district, provided that all yard, height,
coverage, and other requirements of the zoning district shall be met;
provided, however, that when a subdivider has had an application for
approval of a preliminary or final subdivision plan approved prior
to the effective date of this chapter, no provision and/or regulation
in this chapter shall be applied to affect adversely the right of
the subdivider to commence and complete any aspect of the approved
preliminary or final plan within such time periods as are established
within the Pennsylvania Municipalities Planning Code (Act 247, as
amended).
B.
Any lot held in single and separate ownership on the effective date
of this chapter or after the enactment of subsequent amendments thereto
which does not meet the minimum size or width requirements of the
zoning district in which it is located may be used for any use permitted
in that district, provided that all yard, height, coverage, and open
space requirements of the district are met; provided, however, that
if two or more lots; combination of lots, or portions of lots in single
ownership are of record at the time of passage or amendment of this
chapter, and if all or part of the lots do not meet the requirements
established for lot width and/or area, the land involved shall be
considered to be an undivided parcel for the purpose of this chapter,
and no portion of said parcel shall be used or sold in a manner which
diminishes compliance with lot width and/or area requirements established
by this chapter, nor shall any division of any parcel be made which
creates a lot with width or area below the requirements stated in
this chapter.
For lawful uses of land which at the effective date of this
chapter or subsequent amendment thereto become nonconforming, such
nonconforming use or uses may be continued by the present or any subsequent
owner so long as they remain otherwise lawful, subject to the provisions
listed within the following subsections:
A.
Extension. A nonconforming land use shall not be enlarged, increased
and/or extended in order to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this chapter.
B.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of 12 consecutive months, such use shall not thereafter
be reestablished, except if the owner of such property files, within
30 days of date of discontinuance, a certificate of intention to maintain
such use. If such certificate is filed, the time period within which
a nonconforming use may be discontinued and still be reestablished
shall be extended by a twelve-month period.
C.
Changes or moving of use. A nonconforming use, if changed to a conforming
use, shall not thereafter be changed back to any nonconforming use.
A nonconforming use shall not be moved in whole or in part to any
portion of the lot or parcel other than that occupied by such at the
effective date of adoption or amendment of this chapter.
D.
Additional structures. No additional structures not conforming to
the requirements of this chapter shall be erected in connection with
such nonconforming use of land.
Lawful nonconforming structures or buildings which at the effective
date of this chapter or subsequent amendment thereto become nonconforming
by reason of restrictions on area, lot coverage, height, yards, its
location on the lot, or other requirements concerning the building
or structures may be continued as long as they remain otherwise lawful,
subject to the provisions listed in the following subsections:
A.
Enlargement.
(1)
A nonconforming building or structure shall not be enlarged
or increased upon land not owned, leased or under option to purchase
at the time of the enactment of this chapter.
(2)
A nonconforming building or structure shall not be enlarged,
increased, repaired, maintained, or modified in any manner which will
further violate any applicable area, yard, and height regulation imposed
by this chapter, except that a principal building which existed at
the effective date of this chapter which is nonconforming as to a
yard requirement may have repairs, improvements, modifications and/or
additions made to those portions of the building located within the
required yard, provided that no repair, improvement, modification
and/or addition shall be made which will cause any part of the building
to project into the yard farther than the building did at the effective
date of the chapter.
(3)
Total future expansion of a nonconforming building or structure
shall not exceed 10% of the area occupied by the building or structure
at the time of the effective date of this chapter.
B.
Damage or destruction. A nonconforming building or structure which
has been damaged by fire, explosion, accident and/or calamity may
be reconstructed and used for the same nonconforming use, provided
that the reconstructed building or structure does not exceed the area,
volume and height of the destroyed buildings or structure. In addition,
building reconstruction shall be started within one year from the
date the building or structure was destroyed and shall be carried
through without interruption.
C.
Moving of structure. No nonconforming structure or building shall
be, for any reason, moved for any distance unless it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
Lawful nonconforming structures or buildings, or structures
or buildings and land in combination, which exist at the effective
date of this chapter or subsequent amendments thereto, that would
not be allowed in the district under the terms of this chapter, may
be continued so long as they remain otherwise lawful, subject to the
provisions listed in the following subsections:
A.
Enlargement.
(1)
An existing structure devoted to a use not permitted by this
chapter in the district where it is located may be enlarged, extended,
constructed, reconstructed, or structurally altered up to but not
more than 10% of its floor and/or use area as it existed at the time
of the passage of this chapter or subsequent amendment.
(2)
Any enlargement, extension, construction, reconstruction, or
structural alteration shall conform to all other regulations of the
zoning district in which it is located. This provision may be used
only once for each nonconforming structure.
(3)
Any nonconforming use may be extended throughout the building
which was in use for the nonconforming use at the time of adoption
of this chapter, but no such use shall be extended to occupy any land
outside such building unless provided for under this section.
B.
Discontinuance. Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use,
shall thereafter conform to the regulations for the district, and
the nonconforming use may not thereafter be resumed. When a nonconforming
use of a structure, or structure and premises in combination, is discontinued
or abandoned for 12 consecutive months, the structure or structure
and premises in combination shall not thereafter be used except in
conformity with the regulations of the district in which it is located.
C.
Destruction. Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land and use. "Destruction,"
for the purpose of this subsection, is defined as damage to an extent
of more than 75% of the market value at the time of destruction.
If a nonconforming structure or building or portion thereof
containing a nonconforming use becomes physically unsafe due to lack
of repairs and maintenance and is declared, by the Zoning Officer
to be unsafe by reason of physical condition, it shall not thereafter
be restored, repaired, or rebuilt except in conformity with the regulations
of the district in which it is located.
Any use which is permitted as a special exception or a conditional
use in a zoning district under the terms of this chapter shall not
be deemed a nonconforming use in such zoning district, but shall without
further action be considered a conforming use.
