[Ord. 162, 6/12/2002, § 1800]
All uses, structures, lots, and signs that do not conform to the regulations of the district in which they are located, but were in lawful existence prior to the effective date of this chapter or any amendment thereto shall be known and regarded as nonconforming and the following regulations shall apply.
[Ord. 162, 6/12/2002, § 1801]
The lawful use of a building, land or sign existing at the time of adoption of this chapter or any amendment thereto (or at the time of a change in the Zoning Map), or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter although such use does not conform to the provisions of this chapter, or to any subsequent amendment.
[Ord. 162, 6/12/2002, § 1802]
1. 
Change of Use. A nonconforming use may be changed to another nonconforming use by grant of special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things: traffic generated; nuisance characteristics (such as emission of noise, dust, glare, and smoke); fire hazards; and hours and manner of operation.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
2. 
Extension or Enlargement. The nonconforming use of a building or of a lot shall not be extended or enlarged, so as to use other portions of the building or lot unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the extension or enlargement of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception provided that:
A. 
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the Township.
B. 
The total floor area of any structure(s) devoted to the nonconforming use shall in no case be increased by more than 50% beyond the floor area as it existed on the date when the use became nonconforming. This increase by 50% shall occur only once per nonconforming use, but may be measured cumulatively over time.
C. 
Any extension of a building having a nonconforming use shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the district or districts in which the use is now permitted.
D. 
Any lawful nonconforming use of land exclusive of building and the use contained therein, may be extended upon the lot existing at the time of adoption of this chapter or any amendment thereto, provided such extension shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the district or districts in which the use is now permitted. Such extension of a nonconforming use shall be limited to the lot that was in existence at the time of adoption of this chapter and to those portions of such lot which may be reasonably viewed as having been held for future inclusion in the area(s) devoted to the non-conforming use at that time.
3. 
Restoration. A building containing a nonconforming use destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be completed without interruption.
4. 
Abandonment. If a nonconforming use of a building or land is discontinued, razed, removed, or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulation of the district in which it is located, unless the same or another nonconforming use is approved by the Zoning Hearing Board and that permit application for such approved use be initiated within 60 days after the Zoning Hearing Board decision.
[Ord. 162, 6/12/2002, § 1803]
1. 
Extension or Enlargement.
A. 
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or enlargement does not enlarge the floor area of the nonconforming portion of the structure by more than 50% as it existed on the date when the structure became nonconforming, and further provided that such alteration, renovation or enlargement does not increase any existing nonconformity, and provided that the structure enlarged otherwise complies with all applicable regulations. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 27-1803.2 of this Part. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 27-1805 herein.
B. 
Any structural alteration, extension or addition to existing buildings shall conform with all area, height, width, yard and coverage requirements for the district in which it is located as well as building code regulations currently in effect. This provision shall be interpreted to mean that a building which is non-conforming as to setback, for example, may be extended laterally so as to increase the floor area which is nonconforming (subject to Subsection 1A above) but shall not increase the dimensional degree to which it is nonconforming.
2. 
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other active cause may be reconstructed in the same location provided that:
A. 
The reconstructed building or structure shall not exceed the height, area or volume of the original building except as provided in Subsection 1.
B. 
Reconstruction shall begin within 12 months from the date of damage or destruction and shall be completed without interruption.
[Ord. 162, 6/12/2002, § 1804]
1. 
A building may be constructed on a nonconforming lot of record in existence at the effective date of adoption of this chapter or any amendment thereto provided it meets the standards of the district it falls within, less and except the minimum lot size requirement or the minimum requirement for contiguous net lot area, where applicable. Where the contiguous net lot area requirement applies, and cannot be met, the granting of a building permit shall be conditioned upon demonstration of adequate sewage disposal to the Code Enforcement Officer and the Chester County Health Department. If any applicable setback and/or coverage requirement cannot be met, a variance must be obtained from the Zoning Hearing Board. Contiguous nonconforming lots under common ownership shall be considered one lot, unless there is a manifest intent by the owner to maintain such lots as separate lots.
2. 
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than herein prescribed.
[Ord. 162, 6/12/2002, § 1805]
1. 
Any existing nonconforming signs, signboards, billboards or advertising devices may be continued, subject to the following:
A. 
Maintenance. Nonconforming signs may be painted, repaired (including lighting) and altered in their working (mechanical or electrical components), including the change from one business name or logo to another, provided that such modifications do not exceed the dimensions of the existing signs.
B. 
Alteration or Replacement. No nonconforming sign shall be physically enlarged, altered beyond that permitted in Paragraph A above, relocated, or replaced. Nonconforming signs, once removed, may be replaced only by conforming signs.
C. 
Discontinuance. Whenever any nonconforming use of a building, structure, or land, or a combination of buildings, structures, and land ceases, all signs accessory to such use shall be deemed to be abandoned and shall be removed within three calendar months from the date such use terminates.
[Ord. 162, 6/12/2002, § 1806; as added by Ord. 205, 1/4/2010, § 1]
1. 
The owner of any lot located in the HR - High-Density Residential District forming a part of a subdivision developed under Article 900, "Lot Averaging and Cluster Development," of the East Vincent Township Zoning Ordinance of 1984 ("the 1984 Zoning Ordinance"), which lot is shown on a subdivision plan which was recorded prior to June 12, 2002 (the date of adoption of the East Vincent Township Zoning Ordinance of 2002), shall have the right to build upon such lot, including additions to existing structures, in accordance with the requirements of § 903 of the 1984 Zoning Ordinance, as amended through June 12, 2002, relating to front, side and rear yards, and building area coverage of principal and accessory buildings, provided that on or before June 12, 2002:
A. 
A permanent residence had been erected or was under construction upon such lot.
B. 
The street or streets abutting such lot, as shown on the development plan, had been installed or were under construction.
2. 
The requirements of § 903 of the 1984 Zoning Ordinance pertaining to front, side and rear yards and building area coverage in the R-4 High Density Residential District, are as follows:
Front Yard
30 feet
Rear Yard
25 feet
Side Yard
10 feet
Maximum Impervious Coverage
35%