As used in this article, the following terms shall have the
meanings indicated:
Any structure which is devoted to a use which is permitted
in the zoning district in which it is located but which does not conform
as to required lot area and/or other dimensional requirements, provided
that such building or structure existed lawfully prior to the enactment
of this chapter or any amendment to it.
An undeveloped lot which does not comply with the applicable
provisions contained in this chapter, or any amendment to it, but
which was a legally recorded lot prior to the enactment of this chapter.
A use of part of all of a structure, or a use of land (not
involving a structure or only involving a structure which is accessory
to such use of land), which does not comply with the applicable use
regulations contained in this chapter, provided that such use existed
lawfully prior to the enactment of this chapter or any amendment to
it.
Subject to the provisions of this section, a use of building
or land existing at the time of the enactment of this chapter may
be continued even though such does not conform with the provisions
of these regulations for the district in which it is located. The
Zoning Officer shall keep and maintain a list of all nonconforming
uses existing at the time of the passage of this chapter and which
may come to exist in the future.
Nothing in this article shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
A.
Nothing in this article shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority.
B.
A nonconforming building or structure (excluding signs) may be altered,
repaired, enlarged or reconstructed, provided that its nonconformity
is not increased and the structure complies with other area and dimensional
requirements of this chapter.
C.
If a nonconforming structure, or use thereof, is destroyed totally
or partially by fire, collapse, explosion or other disaster, it may
be reconstructed (and the nonconforming use thereof continued), if
work commences within one year of the date of destruction and is completed
within 18 months of issuance of the building permit. However, reconstruction
shall not make the building or structure more nonconforming, in any
aspect, than it was prior to destruction. Reconstruction must comply
with applicable state and local building codes.[1]
D.
A lawful use in a nonconforming building or structure may expand
within the existing building.
A.
Residential, conservation and special development districts.
(1)
In these districts, nonconforming uses may expand up to 30% of the
original building area (measured in gross floor area) or lot area,
if there is no building, to allow for continuation and reasonable
economic growth of the use. Such expansion must comply with applicable
lot area and dimensional requirements and cannot eliminate required
off-street parking and/or loading areas.
(2)
The Zoning Hearing Board may authorize an expansion or enlargement
exceeding the 30% limitation where the expansion is to provide required
off-street parking or loading space or to correct a hazardous or unsafe
condition in violation of a local, county, state or federal law and
the expansion is not materially detrimental to surrounding properties
or the interests of the municipality.
When a nonconforming use is changed to a permitted one, it shall
not be subsequently changed to a nonconforming use. A nonconforming
use may be changed to a similar nonconforming use or one which more
closely conforms to the uses permitted in the zoning district. A change
of one nonconforming use to another nonconforming use requires review
and approval by the Zoning Hearing Board, in accordance with the following:
A.
The proposed use is within the same type of use category as the original
nonconforming use, such as one personal service business to another,
or is a use that more closely conforms to the current district regulations.
In making a determination of similar uses, the Board shall be guided
by the United States Department of Commerce's Standard Industrial
Classification Manual (current edition).
B.
The proposed use will not be any more objectionable that the original
nonconforming use in terms of congestion; traffic generation and requirements
for off-street parking and loading; outdoor storage of wastes, materials,
supplies and equipment; height, area and volume of all structures.
C.
The proposed use can comply with the applicable district regulations, and the performance standards for noise, air and water quality, glare, odors, fire and explosive hazards, vibrations, screening, stormwater and floodplain management, and parking and loading, which are contained in Article IV of this chapter.
A nonconforming use of a building or land which has been abandoned
shall not thereafter be returned to such nonconforming use. A nonconforming
use shall be considered abandoned when one or more of the following
conditions apply:
A.
The intent of the owner to discontinue the use is apparent.
B.
A nonconforming use has been discontinued for a period of 12 consecutive
months or a total of 12 months within a period of 18 consecutive months.
C.
It has been replaced by a conforming use.
D.
It has been changed to another nonconforming use under permit from
the Zoning Hearing Board.
A.
In any district, notwithstanding the regulations imposed by any other
provision of this chapter, a building which complies with applicable
zoning restrictions, except for lot area, may be erected, provided
that the following requirements are met:
(1)
The lot is shown by a recorded plat or deed to have been owned separately
and individually from adjoining tracts of land at a time when the
creation of a lot of such size, at such location, was not prohibited
by any zoning ordinance then in effect.
(2)
The lot has remained in separate and individual ownership from adjoining
tracts of land continuously during the entire time that the creation
of such lot has been prohibited by the applicable zoning ordinance
or ordinances.
B.
Construction permitted by the above shall comply with all the regulations,
except lot area and yard requirements, otherwise applicable in the
zoning district. The following yard requirements shall apply:
(1)
Front yards: as prescribed by the regulations for the zoning district in which the lot is located or by the provision for front yard exceptions in § 158-11F.
(2)
Side yards. The building shall be placed on the lot so as to provide
two side yards. A side yard shall not be less than the smaller of
five feet or the minimum side yard otherwise required in the applicable
zoning district.
(3)
Rear yard. As prescribed by the regulations for the zoning district
in which the lot is located, or no less than 10 feet.
A.
Upon adoption of this chapter, the Zoning Officer shall prepare a
list of all nonconforming signs. Owners of these signs shall be notified,
in writing, that they have six years from the date of adoption of
this chapter to replace or modify their signs so that they comply
with the applicable provisions of this chapter.
B.
If the existing use ceases during that six-year period, any new use
shall replace the nonconforming sign with a conforming one.
C.
If the Zoning Officer orders repairs on any nonconforming sign which
equal 50% or more of the sign's replacement value, then the sign
shall be brought into conformance as part of the repairs.
D.
A nonconforming sign cannot be enlarged or altered in any aspect,
except to make safety improvements or changes which will make the
sign conforming, or more conforming, to the provisions of this chapter.
Any use for which a conditional or special exception use permit
has been issued as provided by this chapter shall not be deemed to
be a nonconforming use, but it shall be deemed a lawful conforming
use. Where a use exists at the effective date of this chapter and
is permitted by this chapter only as a conditional or special exception
use in the zoning district in which it is located, then it shall be
deemed to be a lawful conforming use in such zoning district.
The applicable provisions for nonconformities shall not apply
to any structure designated as an historic landmark by the Pennsylvania
Historical Commission or placed on the National Register of Historic
Places.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to a district of a different
classification, the foregoing provisions shall apply to any nonconforming
uses, structures or lots of record existing therein.
