All buildings, structures, uses of land, uses of buildings,
lots and signs which do not comply with the applicable regulations
of this Chapter shall be considered nonconforming, provided that:
A.
They existed on the date of adoption of this Chapter, the Schwenksville
Borough Zoning Ordinance; or
B.
They existed on the date of an amendment to the Official Zoning Map
or on the date of an amendment to or re-enactment of the text of this
Chapter, the Schwenksville Borough Zoning Ordinance, and such amendment
or re-enactment caused the non-compliance.
Nonconforming status shall be classified as follows:
A.
Nonconforming Use: A use, whether of land or of structure, which
does not comply with the applicable use provisions in this Chapter
or amendments hereafter enacted.
B.
Nonconforming Structure: A structure which is not a sign which does
not comply with this Chapter or amendments hereafter enacted, in regard
to the applicable dimensional or design regulations including those
relating to, but limited to, density, open space, impervious surfaces,
building coverage, building height, building setback, and yard.
C.
Nonconforming Lot: A lot or site which does not comply with this
Chapter or amendments hereafter enacted, in regard to the applicable
dimensional regulations, including but not limited to those relating
to lot area, lot depth and lot width.
A.
The lawful use of a lot, structure, or use existing on the adoption
date of this Chapter or any amendment thereto, or authorized by a
building permit issued prior thereto, may be continued, although such
use does not conform to the provisions of this Ordinance. A nonconforming
structure, lot or use shall be considered as such unless and until
it complies with the regulations of the district in which it is located.
B.
Conforming uses in nonconforming structures. The conversion of one
conforming use to another conforming use in a structure that is nonconforming
shall be permitted, provided that such space to be converted in the
structure was already habitable space, as defined by the PA UCC, prior
to its conversion.
A.
A nonconforming use may be changed to a conforming use. Once any
nonconforming condition of the nonconforming use, structure or lot
is changed to a condition which conforms with this Chapter, no use,
structure or lot shall be permitted to revert to a nonconforming condition.
Whenever a nonconforming use, in or on the land, or within a
structure or portion thereof, has been discontinued for a continuous
period of more than one year, such discontinuance shall be deemed
to be an abandonment of such nonconforming use and any subsequent
use thereof shall conform to the applicable provisions of the zoning
district in which such use is located. Notwithstanding the previous
sentence, the Borough may determine that abandonment of a nonconforming
use or structure has taken place irrespective of the discontinuance
period of more than one year, provided that the Borough asserts evidence
that there was (1) an intent to abandon the use, and (2) actual abandonment
has taken place.
A nonconforming use, structure, not including signs, may be
extended or expanded, provided the following requirement are satisfied:
A.
Expansion of a Nonconforming Use. A nonconforming use may be expanded,
provided the following requirements are satisfied:
1.
The lot on which the extension or expansion is proposed shall be
limited to only that lot on which the use, or structure existed at
the time it became nonconforming. Expansion onto adjoining lots is
prohibited.
2.
The proposed expansion is limited to 25% of the total lot area occupied
by the nonconforming use at the time the use became nonconforming.
This expansion is only permitted once.
3.
The nonconforming use of a structure may be expanded within the structure
provided that the expansion is limited to 25% of the gross floor area
occupied by the nonconforming use at the time the use became nonconforming.
4.
The proposed expansion, either on the lot or within a structure,
shall conform to the area, height, setback, width, yard, and coverage
regulations of the zoning district in which the nonconforming use
is located and to all applicable zoning, stormwater management and
related regulations of the Borough Code.
5.
A conforming structure which houses a nonconforming use may be extended
on the same lot, provided that the extension shall be limited to 25%
of the gross floor area of the structure as it existed at the time
the use became nonconforming and the extension conforms with all the
applicable dimension regulations of the district and of the applicable
use regulations.
B.
Expansion of a Nonconforming Structure. A nonconforming structure
may be extended on the same lot, provided that:
1.
The extension shall be limited to 25% of the gross floor area of
the structure existing at the time the structure became nonconforming.
2.
The extension or addition is built along the existing structure lines
of the structure, and is no closer to the side, rear or front property
than the existing nonconforming structure.
3.
Such expansion of a nonconforming structure shall not render the
lot nonconforming in regard to building or impervious coverage, nor
shall it exacerbate or increase the extent of nonconformity in regard
to building or impervious coverage.
C.
Expansion or Construction of a Structure on a Nonconforming Lot.
A structure may be altered or erected on any nonconforming lot which
was lawfully in existence at the time of adoption of this Ordinance,
in single and separate ownership, provided a special exception is
authorized by the Borough Zoning Hearing Board in accordance with
the provisions of this Ordinance. In considering a special exception,
the Zoning Hearing Board may impose the following additional requirements:
1.
That the use of the nonconforming lot shall be required to conform
to the permitted uses within the district in which the nonconforming
lot lies.
2.
That the general area and dimensional regulations as specified within
this Ordinance for conforming uses and structures in the district
in which the nonconforming lot lies shall be applied to the nonconforming
lot.
A.
Structures Destroyed by Fire, Explosion, Accident or Casualty. A
nonconforming structure which has been destroyed or partially destroyed
by fire, explosion, accident, casualty, or by any other cause to the
extent of 75% or more of the market value thereof immediately prior
to such damage or destruction may be reconstructed and used as before,
provided that:
1.
The reconstructed structure shall not exceed the dimensions of the
damaged or destroyed structure, including height, area, width, depth,
and volume.
2.
Structure reconstruction shall be started within two years from the
date the structure was destroyed and shall be carried on without interruption.
3.
The structure will pose no hazards to safety by virtue of its location.
4.
The damage was not caused in whole or in part by the action or inaction
of the property owner or its employees, agents or contractors.
B.
Condemned Structures. A nonconforming structure which has been legally
condemned shall not be rebuilt or used except in full conformity with
the provisions of this chapter for the zoning district where it is
located.
C.
Redevelopment. A nonconforming structure, use, lot, parking area,
or site improvement which is destroyed or razed including, but not
limited to, demolished by neglect, through means other than fire,
explosion, accident or casualty, shall be reconstructed in full conformity
with this chapter for the zoning district where it is located.
Alterations or additions on existing single family dwelling
units (Use G-2: Single-Family Attached Dwelling, Use G-3. Single Family
Detached Dwelling, Use G-4: Single-Family Semi-Detached Dwelling (Twin)
and Use G-5:Two-Family Detached Dwelling (Duplex)) with nonconforming
yards are exempt from the side and rear yard requirements of this
Ordinance, and the principal structure may be expanded along the line
of the existing non-conformity, provided the existing non-conforming
yard dimension is not further diminished or reduced, and provided
all other dimensional criteria such as but not limited to building
and impervious coverage are satisfied.
Nonconforming signs shall be governed by § 176-1816, Nonconforming Signs, of this Chapter.
