A.
Within any zoning district established by this chapter or any subsequent
amendment thereto there exists: lots; uses of land; structures, or
uses of structures or land and structures in combination, which were
lawful prior to the passage or amendment of this chapter, but which
would be prohibited, regulated, or restricted under the terms of this
chapter or future amendment, and are hereinafter referred to as nonconforming.
It is the intent of this chapter to permit these nonconformities to
remain or continue until they are brought into compliance. It is further
the intent of this chapter that nonconformities shall not be used
as grounds for adding other structures or additional uses prohibited
elsewhere in the same district.
B.
Nonconforming uses are declared by this chapter to be incompatible
with permitted uses within the same zoning district. Any nonconforming
use of a structure, of land, or structure and land in combination
may be extended or enlarged only as provided within this chapter.
Extension or enlargement of a nonconforming use by the addition of
uses not normally accessory to the existing nonconforming use shall
not be permitted.
C.
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
upon which actual construction has been carried on diligently. Additionally,
where excavation, demolition or removal of an existing building has
begun preparatory to rebuilding, such activities shall be deemed actual
construction provided that work is carried on diligently.
A.
Following the effective date of adoption of this chapter, a permitted
principal structure and accessory structure(s) may be erected upon
any single nonconforming lot of record. Said lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership at the time of adoption of this chapter. This provision
shall apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the district.
However, yard dimensions and requirements other than those applying
to area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of any prescribed
requirements shall be obtained only through action of the Zoning Hearing
Board.
B.
If two or more contiguous nonconforming lots held under single ownership
have been duly approved by the Township Supervisors and are on record
in the office of the Recorder of Deeds of Lebanon County for no more
than three years before the date of adoption of this chapter, such
lots may be developed, as recorded, provided that yard dimensions
and requirements other than those applying to area or width shall
conform to the regulations for the district in which such lots are
located.
C.
If two or more contiguous nonconforming lots held under single ownership
have been duly approved by the Township Supervisors and are on record
in the office of the Recorder of Deeds of Lebanon County for more
than three years before the date of adoption of this chapter, such
lots may be developed, provided that:
D.
No portion of a nonconforming lot shall be sold or used in a manner
which further diminishes compliance with the lot area and lot width
requirements of this chapter, nor shall a portion of a conforming
lot be sold or used in a manner which creates a nonconforming lot.
Where lawful use of land exists at the time of the passage of
this chapter which would not be permitted by the regulations imposed
by this chapter, and where such use involves no principal structure,
the use may be continued, provided that:
A.
No such nonconforming use of land which is ceased, removed, discontinued
or abandoned for a period of 180 consecutive dates shall thereafter
be reestablished. This cessation, discontinuance or abandonment time
limit may be extended by an additional 180-day time period where contracts
or agreements are being negotiated, provided 1) the property owner
makes written application for an extension, citing the reasons necessary
for the extension and the length of extension requested and 2) the
Zoning Administrator issues a Temporary Certificate of Zoning Compliance
to register the reasons for extension, the length of extension, and
the nature of the nonconformity.
B.
No principal structures shall be erected in connection with such
nonconforming use of land.
C.
Expansion of nonconforming uses shall be limited to a maximum aggregate
enlargement of 50% of the area of land so used, as compared to the
land in nonconforming use at the date of adoption of this chapter.
Contiguous land owned at the effective date of this chapter may be
used for expansion of the nonconforming use. However, for purposes
of this chapter, approved streets or road rights-of-way define the
limit of expansion of any nonconforming use of land, and such uses
shall not extend across said streets or road rights-of-way.
A lawful structure existing at the effective date of adoption
of this chapter that could not otherwise be built due to restrictions
on lot coverage, height, yards, its location on the lot, or other
requirements concerning the structure, may remain, subject to the
following provisions:
A.
A nonconforming structure shall not be enlarged or altered in a way
which increases its nonconformity, but a structure or portion thereof
may be altered to decrease its nonconformity.
B.
A nonconforming structure or portion thereof may be extended along
established, existing building lines provided:
(1)
The extension meets all other applicable yard, lot coverage
and height, regulations; and
(2)
Extension or enlargement along the nonconforming setback shall
be limited to a maximum 100% increase of the area of land covered
by the portion of structure which is in a nonconforming status. Extension
or enlargement in a conforming manner shall not be subject to the
100% limitation. Any extension or enlargement shall be regulated by
other applicable yard, lot coverage and height restrictions.
C.
A nonconforming structure which has been damaged or destroyed to
any extent by fire, explosion, accident or calamity may be repaired
or reconstructed provided:
(1)
The rebuilt structure is unchanged in its original size or location,
or is less nonconforming than the original structure; and
(2)
Repair or reconstruction is commenced within one year from the
date of damage or destruction. Failure to repair or reconstruct within
one year shall result in loss of nonconforming rights and any successive
structure shall conform with all applicable chapter requirements.
D.
A nonconforming structure which has been demolished or destroyed
to any extent by deterioration or removal shall not be reconstructed
or structurally replaced, except that:
(1)
Any conforming portion of the nonconforming structure may be
reconstructed or replaced; and
(2)
Repairs and maintenance shall be permitted to maintain the nonconforming
structure in a safe condition. However;
(a)
Restoration and repairs shall be limited to protective exterior
improvements; and
(b)
A maximum aggregate of 50% of the structural or weight bearing
components of the nonconforming structure may be replaced, during
structural alterations, so that repairs and maintenance do not actually
involve replacement of the old structure with a new one over any period
of time.
If lawful use involving principal structures or land and structures
in combination exists at the effective date of adoption of this chapter,
the use may be continued so long as it remains otherwise lawful, subject
to the following:
A.
Abandonment of a nonconforming use of a structure (or land and structure
in combination) shall remove the nonconforming status of the structure
(or land and structure in combination) so that the nonconforming use
may not thereafter be reestablished. Furthermore, use of the structure
(or structure and land in combination) shall thereafter conform with
the regulations for the zoning district in which it is located. Abandonment
shall be deemed to have occurred when the nonconforming use is ceased,
removed or discontinuance for a period of 180 consecutive days. However,
this cessation, discontinuance or abandonment time limit may be supplemented
by an additional 180-day time period where contracts or agreements
are being negotiated, provided 1) the property owner makes written
application for an extension, citing the reasons necessary for the
extension and the length of extension requested and 2) the Zoning
Administrator issues a Temporary Certificate of Zoning Compliance
to register the reasons for extension, the length of extension, and
the nature of the nonconformity.
B.
Extension or enlargement of the structure containing the nonconforming
use or the area of land used for storage, display or sales of products
or materials in combination with the nonconforming use, shall be subject
to the following:
(1)
Expansion of the nonconforming use shall be limited to a maximum
aggregate enlargement of 50% of the area of land so used at the date
of adoption of this chapter, subject to the requirements that:
(a)
The structure containing the nonconforming use may be enlarged
to cover 50% additional land area (lot coverage); and
(b)
Expansion may include only the same number of stories existing
on the structure at the effective date of this chapter. Additional
stories shall not be permitted; and
(c)
The area of land used for storage, display or sales of products
or materials in combination with the nonconforming use may be enlarged
to cover 50% additional land use.
(d)
Contiguous land may be used for the maximum 50% expansion, provided
the land so used was owned at the effective date of this chapter and
expansion does not extend across any street or road right-of-way.
C.
Any nonconforming use of a structure (or land and structure in combination)
may, as a special exception, be changed to another nonconforming use
provided the Zoning Hearing Board finds that the proposed use is equally
appropriate or more appropriate to the district than the existing
nonconforming use.
D.
Where the nonconformity applies to use of structure (or land and
structure in combination), removal or destruction of the structure
shall eliminate the nonconforming status of the land. Removal or destruction,
for the purposes of this subsection, shall include the removal or
destruction of an aggregate of 75% or more of the structural or weight-bearing
components of the structure.
Any existing use which is permitted as a special exception in
a district under the terms of this chapter (other than a change through
Zoning Hearing Board action from one nonconforming use to another
nonconforming use not generally permitted in the district) shall not
be deemed a nonconforming use in such district. However, expansion,
enlargement or change to that existing use shall be subject to the
same criteria specified for special exception approval within the
district and administrative sections of this chapter, although Zoning
Hearing Board action shall not be required.
Any sign erected, constructed, or placed before the effective date of this chapter which does not conform to the applicable provisions of Article XXII of this chapter is a nonconforming sign. No such sign shall be replaced, relocated or otherwise changed until approval is obtained in accordance with the requirements of Article XXII of this chapter.
