[Amended 9-27-1987 by Ord. No. 170; 11-26-1990
by Ord. No. 218; 11-25-1996 by Ord. No. 272]
All buildings, structures, uses of land, uses
of buildings, lots and signs that do not conform to all of the applicable
regulation of the district in which they are located or other applicable
regulations of this chapter shall be considered as nonconforming,
provided that:
A.
Nonconforming use. The existing lawful use of land
and/or buildings and/or structures upon the land which does not conform
to any of the permitted uses of the district in which it is located.
B.
Nonconforming building or structure. Any existing
lawful building or structure that does not conform to the height,
location, size, bulk or other dimensional requirements of the district
in which it is located. This does not include signs.
C.
Nonconforming lot. Any existing lawful lot which does
not conform to the area and/or width requirements for lots in the
district in which it is located.
D.
Nonconforming sign. Any sign, billboard or advertising
device lawfully existing at the time of the passing of this chapter
or an amendment hereto, that does not conform in use, location, height
or size with the regulations of this chapter or amendment, shall be
considered a nonconforming sign and may continue in such use in its
present location.
E.
Temporary 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 90 days on the approval
of an application for a special exception by the Zoning Hearing Board.
The following regulations shall govern all properties
to which nonconforming status is applied:
A.
Continuance. Nonconforming status may continue, and
a property may continue to be used as nonconforming, until it complies
with the requirements of this chapter.
B.
Change of a nonconforming use. A nonconforming use
may not be changed to any use except one which is permitted in the
zoning district in which the property is located. Any such change
of a nonconforming use shall involve the complete elimination of the
former use by the changed use. An additional or different nonconforming
use may not be added to and will not be deemed necessary or incidental
to an existing nonconforming use.
C.
Discontinuance. A nonconforming use, when discontinued,
may be resumed any time within one year from such discontinuance,
but not thereafter.
D.
Extension or expansion of a nonconforming use. A nonconforming
use may be extended or expanded when authorized as a special exception
by the Zoning Hearing Board in compliance with the following:
(1)
The parcel on which extension or expansion occurs
shall include only that lot, held in single and separate ownership,
on which the use existed at the time it became nonconforming. Expansion
onto adjoining property or lots is prohibited.
(2)
Physical expansion of a conforming use shall be permitted
only one time and shall be limited to 25% of the area devoted to the
use on the date the use became nonconforming. The phrase "area devoted
to the use" means the total floor area and, for any portions of the
use not conducted within a building or structure, the lot area actually
and physically utilized in connection with the nonconforming use.
(3)
Any extension and/or expansion of a nonconforming
use shall conform with the lot area, setback, parking, building coverage,
impervious coverage, signage, buffer, landscaping, lighting and noise
requirements of the district where such use is permitted or of the
district in which the use is located, whichever is more restrictive.
E.
Extension or expansion of nonconforming building or
structure. Where a building or structure is nonconforming as to front,
side or rear yard setback, an addition may be built on a line with
the existing building provided the addition does not create an additional
encroachment into a required yard.
(1)
Expansion shall not be permitted to extend closer
to the road ultimate right-of-way than the front wall of the existing
building or structure closest to the road.
(2)
Expansion shall not be permitted to create a new violation
of the minimum side yard setback. An existing building or structure
that violates the side yard may be expanded to the rear along the
side yard setback established by the wall of the existing building
or structure.
(3)
An existing dwelling that violates the rear yard may
be expanded to the sides along the rear yard setback established by
the rear wall of the existing building or structure.
F.
Additional building regulations. The following regulations
apply to buildings:
(1)
Nonconforming primary buildings or structures damaged
by fire, or explosion, accident or calamity (as contrasted to deterioration
due to time or neglect) may be reconstructed and used as immediately
before such damage; provided that:
(a)
The reconstructed building or structure shall
not exceed the dimensions of the damaged or destroyed building or
structure, including height, width, depth and volume.
(b)
Building or structure reconstruction shall be
started within one year from the date the building or structure was
damaged or destroyed, and shall be carried out without interruption,
unless the Zoning Hearing Board shall authorize, as a special exception,
an extension of this time limit.
(2)
Legally condemned nonconforming buildings or structures
shall not be rebuilt or used except in conformance with this chapter.
G.
Development of nonconforming lots. A single-family
detached dwelling unit may be constructed on a nonconforming lot in
a residential district:
(1)
Provided that the construction complies with the setback,
coverage and height requirements of the district; and
(2)
Further provided that the lot, if less than 30,000
square feet in area, is served by public or community water if such
water is available to serve the lot at the time of construction, and
by public or community sewer if such sewer is available to serve the
lot at the time of construction.
H.
Contiguous undeveloped lots. Where two or more contiguous undeveloped lots are held in single ownership, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be developed only in groups thereof in order to provide the minimum lot area and width required. When all lots in single ownership are combined and still do not meet area and/or width requirements, they may be considered a single nonconforming lot and may be developed in accordance with Subsection G.
I.
Nonconforming signs. If and when a nonconforming sign
is replaced, the new sign shall comply with the requirements of this
chapter. "Replacement" shall not include simply revising the text
or color of the sign, but shall refer to structural replacement and/or
relocation of this sign.
J.
Nonconforming dimensional requirements. A nonconforming
residential lot developed after the adoption of the Upper Pottsgrove
Township Zoning Ordinance on October 27, 1976, may use the dimensional
zoning regulations that existed at the time that a building permit
was issued for construction of a dwelling on the lot.
[Added 10-27-2003 by Ord. No. 355]
A.
Registration. The Zoning Officer shall maintain a
list and map of properties with nonconforming status, including uses,
buildings, structures, lots and signs. For each property identified,
the Zoning Officer shall have on file a written record documenting
the evidence and reasoning that led to the assignment of nonconforming
status.
B.
Jurisdiction. In all matters pertaining to nonconforming
status, the Zoning Officer shall make the initial determination:
(1)
The Zoning Officer may seek the advice of the Township
Planning Commission, Township Solicitor and/or others in making a
determination.
(2)
If it cannot be determined by means of positive documentation
that a use, building, structure, lot or sign was in lawful existence
at the time this chapter or an amendment hereto was passed which would
have rendered the use, building, structure, lot or sign nonconforming,
the Zoning Officer must refuse to confer nonconforming status.
(3)
If the applicant disagrees with the determination
of the Zoning Officer, the applicant may appeal the determination
to the Zoning Hearing Board as provided by law.
