All lawful uses of land, buildings, signs or other structures
existing on the effective date of this chapter may be continued, altered,
restored, reconstructed, sold or maintained in accordance with the
provisions of this chapter.
A.
Continuation. Any nonconforming lot, due to its lot area or lot width,
existing as of the effective date of this chapter or created by an
amendment to this chapter, may be continued, although such lot does
not conform to the lot requirements for the district in which it is
located.
B.
Development. The following requirements apply to the development
and use of the nonconforming lot.
(1)
All the requirements of this chapter shall be met with the exception
of lot area and lot width. Furthermore, no lot shall be developed
unless the following requirements are met.
(a)
Each lot shall have an approved on-lot water and wastewater
system or access to public water and public sewer. Additionally, for
those lots utilizing on-lot water, the minimum required isolation
distance between the well and the on-lot wastewater system shall be
provided.
(b)
In residential districts, only one single-family dwelling may
be erected, and the following minimum side yards shall be provided.
[1]
Interior lots with a width of 50 feet or more,
two side yards shall be provided as required by the district regulations.
[2]
Corner lots with a width of 50 feet or more, two
front yards shall be provided. The front yard opposite the interior
side yard may be reduced by the number of feet the lot width is less
than the district requires, but may not be reduced to less than the
minimum side yard. The side yard shall be provided as required by
the district regulations.
[3]
On lots less than 50 feet but not less than 27
feet in width, two side yards shall be provided, each equaling 20%
of the lot width.
(c)
On a lot in a commercial or industrial district, the required
side yards shall be determined by the Zoning Hearing Board upon application
for a variance based on the same criteria as above for residential
structures.
(2)
Where possible, contiguous parcels under common ownership shall
be replatted to create conforming lots.
(3)
A nonconforming lot shall not be subdivided to create another
nonconforming lot.
A.
Alterations and reconstruction.
(1)
Repairs and structural alterations not constituting extensions,
expansions or enlargements may be made to a nonconforming building
or to a building occupied by a nonconforming use.
(2)
A nonconforming building which is damaged by fire, explosion
or an act of God may be rebuilt and used for the same purposes, provided
that:
B.
Extensions, expansions and enlargements. Land, building or buildings
occupied or used for residential or nonresidential purposes which
are nonconforming and otherwise not permitted in the zoning district
in which they are located shall be allowed to expand, extend or enlarge.
All extensions, expansions and enlargements of lawful nonconforming
uses and buildings shall be reviewed by the Zoning Officer in accordance
with the following standards:
(1)
Any extension, expansion or enlargement of a nonconforming building
use shall be permitted as long as the maximum building coverage is
not exceeded.
(2)
Any expansion or enlargement of a nonconforming building or
use shall not exceed 50% of the total gross floor area of the nonconforming
building from the time it became nonconforming.
(3)
Any extension, expansion or enlargement shall conform to the
height, area, yard and coverage regulations of the district in which
it is located.
(4)
All required parking spaces for any expansion or enlargement shall comply with the requirements of Article XVII.
(5)
Any extension, expansion or enlargement of a nonconforming building
or use shall not be permitted to extend into vacant parcels of land
adjacent to the parcel containing the nonconforming building or use,
where such vacant parcels have been separately recorded or acquired
prior to the effective date of this chapter.
Whenever a nonconforming use has been changed to a conforming
use, such use shall not thereafter be changed to a nonconforming use.
A nonconforming use may be changed to another nonconforming use only
by special exception. Whenever a nonconforming use has been changed
to a more restricted classification or to a conforming use, such use
shall not hereafter be changed to a use of less-restricted classification.
A.
A nonconforming use shall be presumed abandoned when operations associated
with the nonconforming use have ceased by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
one year from the date the activity stopped, and the use is not actively
advertised for sale or lease. Such nonconforming use shall not thereafter
be reinstated except in conformance with this chapter. A nonconforming
building or land which is actively marketed but has not been sold
or leased shall not be considered abandoned.
B.
The removal of a nonconforming mobile home from the site it occupied
(and if such site is not leased, actively marketed, or purchased within
one year or less) shall constitute abandonment of the site so occupied,
and subsequent use of said site shall conform with the provisions
of this chapter.
C.
The removal of a mobile home from a residential lot already occupied
by a residential building shall constitute abandonment of the nonconforming
use, and such use shall not thereafter be permitted.
D.
Mobile home parks, trailer camps or trailer parks which are nonconforming
under the terms of this chapter shall be operated in accordance with
Public Health Regulations, Commonwealth of Pennsylvania, Department
of Environmental Protection, under the provisions of the Act 175 of
April 9, 1929, P.L. 177, as amended,[1] and all other applicable laws.
[1]
Editor's Note: See 71 P.S. § 51 et seq.
A.
Nonconforming uses and structures may be reported to the Zoning Officer
by the owner, user, lessor, or lessee, and be registered by the Zoning
Officer within one year of the effective date of this chapter, in
which case the Zoning Officer shall certify the existence of the nonconforming
uses and/or structures.
B.
A certification of nonconformance shall be issued by the Zoning Officer
for all structures in conflict with the use designated for the zone
in which they are situated, when requested by the owner of such structure.
C.
Upon notification, each occupant or owner of a premises used for
nonconforming use shall make available to the Zoning Officer such
information as may be necessary to determine the extent and nature
of the nonconforming use.
D.
Should a nonconforming use or building not be reported or identified,
the owner of the nonconforming use shall have the right to show by
a preponderance of the evidence to the Zoning Hearing Board that the
use or building was nonconforming upon the effective date of this
chapter.
