[Ord. No. 130, 12/9/1991]
(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.
[Ord. No. 130, 12/9/1991]
(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 open space 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 with
continuous frontage 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.
[Ord. No. 130, 12/9/1991]
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 it remains otherwise lawful, subject to the provision listed
with 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 re-established, except if the owner of such property files within
30 days of the date of discontinuance a certificate of intention to
maintain such use. If such certificate is filed the time period which
a nonconforming use may be discontinued and still be re-established
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 may be changed to a conforming use or to a nonconforming
use of a less offensive nature. 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.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999;
and by Ord. No. 310, 2/6/2019]
Lawful nonconforming structures or buildings which, at the effective
date of this amendment 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 amendment.
(2)
A nonconforming building or structure shall not be enlarged,
increased, repaired, maintained or modified in any manner which will
further violate any applicable dimensional requirements imposed by
this chapter, except that a principal building which existed at the
effective date of this amendment 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. All such repairs, improvements, modifications and/or additions
shall not further increase or extend into the required yard.
(3)
Total future expansion of a nonconforming structure or building
shall not exceed 50% of the area occupied by the structure or building
at the time of the effective date of this amendment.
(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 conforming use, provided that
the reconstructed building or structure does not exceed the area,
volume and height of the destroyed building 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.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 310, 2/6/2019]
Lawful nonconforming uses of structures or buildings, or nonconforming
uses of buildings and land in combination, which exist at the effective
date of this amendment 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 25% of its floor and/or use area as it existed at the time of
the passage of this amendment or subsequent amendment, provided that
the lot or lots upon which the nonconforming structure is situated
were in single ownership or long-term lease (10 years or more) and
purchased or leased prior to the enactment or amending of this chapter.
(2)
Any enlargement, extension, construction, reconstruction or
structural alteration must 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 amendment, but no such use shall be extended to occupy any
land outside such building unless provided for under this section.
(b)
Change of Use. A nonconforming use of a structure, or premises and
structure, may be changed to another nonconforming use, provided that
the proposed use is equally appropriate or more appropriate to the
district than the existing nonconforming use. Such determination shall
be made by a special exception granted from the Zoning Hearing Board,
which shall take into consideration, among other things, the intent
of the provisions for the district.
(c)
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.
(d)
Destruction. Where nonconforming use status applies to both a structure
and the use of the 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.
[Ord. No. 130, 12/9/1991]
If a nonconforming structure or building or portions thereof
containing a nonconforming use becomes physically unsafe due to lack
of repairs and maintenance, and is declared by a duly authorized official
appointed by the Board of Township Supervisors 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.
[Ord. No. 130, 12/9/1991]
Any use which is permitted as a special exception in a zoning
district under the terms of this chapter (other than a change through
Zoning Hearing Board action from one nonconforming use to another
nonconforming use) shall not be deemed a nonconforming use in such
zoning district, but shall without further action be considered a
conforming use.
[Ord. No. 130, 12/9/1991;
as amended by Ord. No. 164, 4/26/1999]
To facilitate the administration of this chapter, the property
owner shall inform the Township Zoning Officer as to the status of
a nonconforming use, lot, structure or building. The burden of proof
that the use, lot, structure or building is a nonconformity shall
be the responsibility of the property owner. All known nonconformities
shall be a matter of public record and shall constitute sufficient
notice and the limitations therein express and implied to any transferee
acquiring any right to use or own such property.
[Ord. No. 130, 12/9/1991]
(a)
A Certificate of Intention shall be required in all instances where
a nonconforming use of land or nonconforming use of a structure or
building is discontinued if the owner or operator of such uses desires
to maintain such a nonconforming use.
(b)
The Zoning Officer shall maintain proper forms for the registration
of any Certificate of Intention. It shall be incumbent upon the owner
or applicant to file such a form with the Zoning Officer. The filing
of such form shall be considered a ministerial duty of the Zoning
Officer, who shall not refuse to accept the completed form.
(c)
The Zoning Officer shall maintain a record of all Certificates of
Intention.
(d)
Each Certificate of Intention shall be valid for three years.
