Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[Amended 9-21-2006 by Ord. No. 556]
Any land, the existing lawful use of which at the time of passage of this chapter does not conform to the regulations of the district in which it is located, either because of the original passage of this chapter or because of subsequent amendments of applicable regulations, shall have such use considered as a nonconforming use, which may continue on such land but shall be subject to the regulations governing nonconforming uses. A nonconforming lot which is of public record in single and separate ownership at the time of the enactment of the Zoning Ordinance, namely May 8, 1955, may, by special exception, be used for a permitted use in the district in which it is located.
[Amended 9-21-2006 by Ord. No. 556]
Any lawful building or the lawful use of any building existing at the time of the passage of this chapter that does not conform to use, height, location, size or bulk regulations of the district in which it is located either because of the original passage of this chapter or because of subsequent amendments of applicable regulations shall be considered a nonconforming building or use and may continue as such in its present location but shall be subject to the regulations governing nonconforming uses.
A nonconforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.
[Amended 9-21-2006 by Ord. No. 556]
If a nonconforming use of land ceases and the landowner intends to abandon the use, then the subsequent use of such land shall be in conformity with the regulations of the district in which it is located. Should the nonconforming use of land cease for a continuous period of one year or more, then it shall be presumed that the landowner has intended to abandon such nonconforming use.
Any lawful nonconforming use of a portion of a building may be extended throughout the building, and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter, provided that the area of such building shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made, and provided further that any structure alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located.
[Amended 9-21-2006 by Ord. No. 556]
The Zoning Officer shall have sole discretion to determine whether resumption or change of nonconforming use is of the same class of use and is permissible. If the Zoning Officer determines that the applicant is proposing a change of use, the proposed use must be approved as a special exception by the Lower Providence Township Zoning Hearing Board.
[Amended 9-21-2006 by Ord. No. 556]
A building containing a nonconforming use and a building nonconforming as to area and height destroyed by fire or legally condemned may be reconstructed and used for the same nonconforming use, provided that building when rebuilt does not exceed the height and area of the building so destroyed or condemned subject also to other regulations of nonconforming uses herein contained. If building reconstruction is not started within one year from the date the building was damaged or destroyed and is not carried on without interruption, it shall be presumed that the landowner has intended to abandon such nonconforming use.
A temporary nonconforming use which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not exceeding one year in any case.
Wherever a property is used for the storage of motor vehicles in connection with a nonconforming business in a residential zone, the storage, parking and placement of vehicles, whether operative or disabled, shall at all times be limited to the portion of the line inside the setback lines of the property, so that no such vehicle is placed or parked within the required front, side or rear yards.