[Ord. No. 376, 7/24/2018]
This Part shall apply to all nonconforming uses, structures
and lots, as defined by this chapter. Nothing contained herein shall
require any change in the overall layout, plans, construction, size
or designated use of any development, building, structure or part
thereof for which official approval and required permits have been
granted prior to the effective date of this chapter or any amendment
thereto.
[Ord. No. 376, 7/24/2018]
1. These regulations shall apply to any use of a structure or lot in
any zoning district that is a nonconforming use, as defined by this
chapter. Whenever the boundaries of a zoning district shall be changed
so as to transfer an area from one zoning district to another zoning
district of a different classification, these regulations shall apply
to any uses which thereby become nonconforming.
A. Continuation and Sale. Where, at the effective date of adoption or
amendment of this chapter, a lawful use of a lot or structure exists
that is made no longer permissible under the terms of this chapter
as enacted or amended, such use may be sold or otherwise transferred
to other owners and may be continued as long as it remains otherwise
lawful in accordance with the provisions of this Part.
B. Enlargement or Expansion.
(1)
Single-family dwellings that are nonconforming uses in any nonresidential
zoning district classification may be enlarged or expanded to occupy
a greater area of the lot or to increase the height of the dwelling,
provided that all applicable area and bulk regulations of the zoning
district in which the property is located are met.
(2)
No other nonconforming use of a lot or nonconforming use of
a structure shall be enlarged or increased or extended to occupy a
greater area of the lot or structure than was occupied at the effective
date of adoption or amendment of this chapter, unless the Zoning Hearing
Board, after a public hearing, shall interpret that the enlargement
or extension is necessitated by the natural expansion and growth of
the nonconforming use. Any such enlargement or expansion shall conform
to the area, height and yard requirements of the zoning district in
which it is located.
(3)
No nonconforming use shall be moved in whole or in part to any
other portion of the lot occupied by such use at the effective date
of adoption or amendment of this chapter.
(4)
Any nonconforming use may be extended throughout any part of
a structure that way designed for such use at the time the use became
nonconforming; however, a nonconforming use shall not be extended
to occupy any structure, lot or portion of a lot that way not owned
by the owner of the nonconforming use at the time the use became nonconforming.
C. Change of Use.
(1)
A nonconforming use shall not be changed to any use other than
a conforming use, except as permitted as a use by special exception
by the Zoning Hearing Board in accordance with the following standards:
(a)
The new use will more closely correspond to the uses authorized
in the district as permitted uses, conditional uses or uses by special
exception.
(b)
The new use will be in keeping with the character of the neighborhood
in which it is located and will have an equal or lesser impact on
the neighborhood than the existing nonconforming use.
(c)
Any change from one nonconforming use to another shall comply with the parking requirements of Part
15 for the new use and shall be subject to the area, bulk and buffer area regulations for such use in the zoning district where such use is authorized as a permitted use, conditional use or use by special exception.
(2)
When a nonconforming use is changed to a conforming use, the
use thereafter shall not be changed to a nonconforming use.
(3)
Where a nonconforming use exists on a lot, a conforming use
shall not be established on the same lot unless the nonconforming
use is discontinued.
D. Abandonment. When a nonconforming use of a structure and/or lot is
discontinued or abandoned for 12 consecutive months, the structure
and/or lot shall not thereafter be used except in conformance with
the regulations of the zoning district in which it is located.
E. Damage or Destruction.
(1)
Residential dwellings that are nonconforming uses in the C-1,
C-2 or I-1 District may be rebuilt on the existing foundation in the
event of damage or destruction, provided that the reconstruction is
started within 18 months of the date of destruction.
(2)
In the case of nonconforming uses, other than dwellings, when
damage or destruction of a structure in which the nonconforming use
is conducted involves 50% or less of the gross floor area of the structure,
repairs or reconstruction may be undertaken, provided that such restoration
is started within 18 months of the date of destruction. No enlargement
or expansion of the nonconforming structure shall be undertaken unless
the provisions of § 27-1701B are met.
(3)
In the case of nonconforming uses other than dwellings, when
the structure in which the nonconforming use is conducted is damaged
or destroyed by fire or other means to an extent of more than 50%
of its gross floor area, the structure shall be reconstructed only
to house a conforming use.
[Ord. No. 376, 7/24/2018]
1. These regulations shall apply to all nonconforming structures, as
defined by this chapter, in all zoning districts.
A. Structural Alteration. A nonconforming structure may be enlarged
or structurally altered, provided that the enlargement or alteration
does not encroach any further into a required yard setback than the
existing nonconforming structure does, and further provided that no
new nonconformities are created. All other alterations or enlargements
shall require review by the Zoning Hearing Board; and, after public
hearing, the Zoning Hearing Board may determine undue hardship and
may authorize a variance for the reasonable modification of such structure.
B. Damage or Destruction. Any nonconforming structure that has been
partially or completely damaged or destroyed by fire or other means
may be rebuilt or repaired on its existing foundation even though
such foundation may violate the setback requirements for the zoning
district in which the structure is located, provided that the repair
or reconstruction and reoccupancy of the structure occurs within 18
months of the date that the original structure was damaged or destroyed.
No enlargement or expansion of the nonconforming structure shall be
undertaken unless the provisions of § 27-1702A are met.
C. Moving. Should a nonconforming structure be moved for any reason
for any distance whatever, it shall thereafter conform to the requirements
of the zoning district in which it is located.
D. Signs.
(1)
Nonconforming signs may be repaired or reconstructed, provided
that no structural alterations are made that increase the gross surface
area of the sign; however, nonconforming signs that are damaged or
destroyed to an extent of more than 51% of their replacement cost
at the time of destruction shall not be reconstructed except in conformity
with the provisions of this chapter. Replacement cost shall be determined
by the Township Engineer upon request by the Township. The Engineer
shall inspect the sign and submit a report to the Zoning Officer within
five working days of the Township's request. The cost of the services
of the Township Engineer shall be borne by the applicant. Said cost
shall not exceed the amount established from time to time by resolution
of the Board of Supervisors.
(2)
Nonconforming signs shall not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of advertising panels shall be permitted, subject to obtaining the sign permit required by §
27-1906.
E. Nonconforming Billboards. Nonconforming billboards are regulated
by § 27-1606H of this chapter.
F. Repair or Maintenance. Nothing in this chapter shall be deemed to
prevent the strengthening or restoring to a safe condition of any
structure or part thereof declared to be unsafe by any official charged
with protecting the safety of the public, provided that all other
requirements of this section are met.
[Ord. No. 376, 7/24/2018]
1. The following regulations shall apply to nonconforming lots, as defined
by this chapter.
A. Lot Area or Lot Width. Any lot of record existing at the effective
date of this chapter may be used for the erection of a structure conforming
to the use regulations of the zoning district in which it is located,
without a lot area or lot width variance, even though its lot area
and width are less than the minimum required by this chapter; however,
such lot must comply with the front, rear and side yards, height and
lot coverage standards of the zoning district wherein it is located.
B. Front Yard Setback. Where structures exist on adjacent nonconforming
lots of record that have front yards less than the minimum depth required,
the minimum front yard for an adjacent nonconforming lot of record
shall be the average depth of the nonconforming front yards on the
adjacent nonconforming lots in the same block on the same side of
the street.
[Ord. No. 376, 7/24/2018]
1. The owner of a nonconforming use shall make an application for registration
of the nonconforming use; and upon presentation of documentation acceptable
to the Zoning Officer that the use was lawfully in existence prior
to the effective date of this chapter or any amendment that created
the nonconformity, the Zoning Officer shall register the same on a
map and by the Washington County Assessor's tax parcel number as a
legal nonconforming use.
2. In the course of administering this chapter and reviewing applications
for zoning certificates, certificates of occupancy or variances, the
Zoning Officer shall register all nonconforming structures and nonconforming
lots as they become known through the application process.