If, within the zoning districts established by a prior zoning
ordinance, this chapter, or due to amendments that may later be adopted,
there exist lots, structures, uses or signs which were lawful before
regulations first enacted but which would be prohibited, regulated
or restricted under the terms of this chapter, ordinances restated
by this chapter and/or future amendments of this chapter, it is the
intent of this chapter to permit these nonconformities until they
are abandoned or removed, except as specifically designated to the
contrary in this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such a nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions exist:
A. When the intent of the owner to discontinue the use is apparent.
B. When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within 90 days of the equipment removal, unless
other facts show an intention to resume the nonconforming use.
C. When the nonconforming use has been discontinued for a period of
six months.
D. When the nonconforming use has been replaced by a conforming use.
E. When the nonconforming use has been changed to another use under
approval of the Zoning Hearing Board.
F. When a nonconforming lot with a nonconforming use on the lot has
been reduced to a size smaller than required in a zoning district
where such lot or use is permitted, no new nonconforming lots may
be created by the subdivision of property.
A nonconforming building, structure or use may be changed to
another nonconforming use of the same type in a zoning district as
a special exception by the Zoning Hearing Board subject to the following
provisions:
A. Access to the property is permitted by Fairview Township or the PA
Department of Transportation with an approved highway occupancy permit.
B. Property and outdoor lighting shall comply with the Fairview Township
Subdivision and Land Development regulations.
C. The hours of operation of a business shall be reasonable and limited
by the Zoning Hearing Board.
D. The property shall comply with the Fairview Township Stormwater Ordinance.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued or the construction of which shall
have been diligently pursued within two months of the date of such
permit, and the ground floor framework of which shall have been completed
within four months of the date of the permit, and which entire building
shall have been completed according to such plans as filed within
one year from the date of enactment of this chapter.
Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one district to another district of
a different classification, the requirements of the original zoning
district shall apply to any nonconforming uses or structures existing
therein.
A nonconforming use may be expanded as a special exception upon
approval of the Zoning Hearing Board, subject to the following provisions:
A. The expansion becomes an attached part of the main structure and
does not utilize additional or adjoining land area other than the
original parcel.
B. The expansion does not encroach upon the yard requirements of the
district in which the nonconforming use is presently located.
C. The expansion is for the purpose of expanding only the nonconforming
use on the original parcel in existence at the time of the legal acceptance
of this chapter or amendment thereto. Extension of a lawful use to
any portion of a nonconforming building or structure which existed
prior to the enactment of this chapter shall not be deemed the extension
of such nonconforming use.
D. A second conforming principal use may be added to a nonconforming
use when meeting all zoning, subdivision, land development and other
local, county and state requirements.
All nonconforming uses existing at the time of the enactment
of this chapter or amendments thereto shall be registered and maintained
for public record in the office of the Zoning Officer.
Nothing in this chapter shall prevent the required reconstruction,
repair, rebuilding and continued use of any nonconforming building
or structure as a result of fire, collapse, explosion or act of God
subsequent to the date of enactment of this chapter, provided said
work to the destroyed or damaged building is initiated within one
year of the date of damage. To be entitled to the benefits of this
provision, written notice to the Township of the event causing the
damage shall be provided within 15 days of the event.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the illegal use of a nonconforming
structure or premises in violation of Township regulations in existence
at the time of the effective date of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority. Any such work shall be performed in
a manner consistent with the requirements of the Pennsylvania Construction
Code Act.