A.
Standards.
(1)
A lot, structure or use which does not conform to the applicable
regulations of this chapter for the district where such structure,
lot or use is located but was lawfully in existence prior to the effective
date of such regulation shall be deemed nonconforming.
(2)
Whenever the regulations of this chapter are amended, including
the creation of a new district or the relocation of district boundaries,
the provisions of this article shall apply to any nonconformities
created by such amendment.
(3)
Any nonconforming lot, nonconforming structure or nonconforming
use may be continued, maintained, improved and repaired, provided
that it conforms to the requirements of this article.
(4)
Whenever a lawful nonconforming lot, nonconforming structure
or nonconforming use is sold to a new owner, such nonconformity may
be continued by the new owner.
A.
Standards.
(1)
Nonconforming lots.
(a)
A structure may be constructed on a nonconforming lot, provided
that the applicable yard requirements of this chapter are met.
(b)
An undeveloped, nonconforming lot may be devoted to a use permitted
in the district in which such lot is located, provided that the applicable
yard requirements of this chapter are met.
(c)
In the case of a nonconforming lot which is occupied by a nonconforming use, any extension or enlargement shall also meet the requirements of § 320-291A(3)(b).
(2)
Nonconforming structures.
(a)
A nonconforming structure may be altered or enlarged, provided
that such alteration or enlargement does not increase the degree of
nonconformance, increase the size of the nonconforming part of the
structure or create a new nonconformity.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, such alteration or enlargement shall also meet the requirements of § 320-291A(3)(b).
(3)
Nonconforming uses.
(a)
Changes.
[1]
A nonconforming use may be changed to a conforming use by obtaining
a valid zoning permit.
[2]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use.
[3]
A nonconforming use may be changed to another nonconforming use only if permitted by special exception granted by the Zoning Hearing Board in accordance with Article XXI, Special Exceptions, and after the following conditions are met:
(b)
Extension or enlargement.
[1]
The extension or enlargement of a lawful nonconforming use shall
be only upon the same lot in existence on the date the use became
nonconforming.
[2]
A lawful nonconforming use of a portion of a building may be
extended throughout the building as it existed on the date the use
became nonconforming.
[3]
A lawful nonconforming use on a conforming lot may be extended
to a new building or portion of a building on the same lot only to
the extent that:
[a]
All new construction shall comply with all of the
applicable yard requirements and coverage standards of the district
in which the building is located.
[b]
Such extension shall not expand the building footprint
by more than 25%.
[c]
Such extension shall not result in a building of
more than two stories in height.
[4]
An extension or enlargement of a nonconforming use which does not conform to the requirements of Subsection A(3)(b)[1], [2] or [3] shall only be based on a variance granted by the Zoning Hearing Board in accordance with the standards of § 320-357.
A.
Standards.
(1)
Nonconforming structures.
(a)
If a nonconforming structure is damaged or destroyed in any
manner, regardless of the cause, to the extent that the cost of restoration
to the condition prior to such damage or destruction does not exceed
75% of the cost of constructing the entire structure, then the restoration
of such nonconforming structure may include restoration of the original
nonconformity, provided that a building permit for such restoration
is obtained within 18 months from the date of such damage or destruction
and restoration is completed in accordance with the terms of the building
permit.
(b)
If a nonconforming structure is damaged or destroyed in any
manner, regardless of the cause, to the extent that the cost of restoration
to the condition prior to such damage or destruction exceeds 75% of
the cost of constructing the entire structure, then the restoration
of such structure shall comply with all provisions of this chapter.
(2)
Nonconforming uses.
(a)
Abandonment.
[1]
If a nonconforming use of a structure or land is discontinued
or abandoned for 365 consecutive days, subsequent use of such building
or land shall conform to the regulations of the district in which
it is located.
[2]
The act of abandonment and the intent to abandon shall be presumed
to commence on the date when customary efforts to continue the use
(operation, lease, sale, obtaining or renewing a rental license, etc.)
cease.
[3]
Notwithstanding Subsection A(2)(a)[1] and [2] above, the failure to obtain or renew an annual rental license (as required by Chapter 245 of the General Laws of Norristown) for a nonconforming multifamily residential use for 365 consecutive days, combined with a physical inspection of the structure conducted by the Norristown Codes Department revealing that the structure is vacant, shall constitute both the actual abandonment and the intent to abandon the nonconforming use, requiring any subsequent use to conform with the regulations of the district in which the property is located.
(b)
Damage or destruction.
[1]
If a structure or set of structures devoted to a nonconforming
use is damaged or destroyed in any manner, regardless of the cause,
to the extent that the cost of restoration to the condition prior
to such damage or destruction does not exceed 50% of the cost of constructing
the entire structure or set of structures, then such structures or
set of structures, when restored, may be devoted to the original nonconforming
use, provided that a building permit for such restoration is obtained
within 18 months from the date of such damage or destruction and restoration
is completed in accordance with the terms of the building permit.
[2]
If a structure or set of structures devoted to a nonconforming
use is damaged or destroyed in any manner, regardless of the cause,
to the extent that the cost of restoration to the condition prior
to such damage or destruction exceeds 50% of the cost of constructing
the entire structure or set of structures, then such structure or
set of structures, when restored, may be devoted only to those uses
which conform to the regulations of the district in which it is located.
(3)
Measurement of costs. For purposes of this section, the restoration
costs of any damaged or destroyed structure shall include only the
present costs of actually reconstructing the damaged or destroyed
structure and the construction costs of such structure shall include
only the present costs of actually constructing such structure and
shall not include the costs of land, personal property or structural
alterations.
Upon adoption of this article, the Zoning Officer shall develop
procedures to identify and register nonconforming uses and structures.
