If within the districts established by this
chapter or subsequent amendments there exist certain nonconformities
which were lawful before this chapter was adopted or amended, but
which would be prohibited, regulated or restricted under the terms
of this chapter or amendment thereto, it is the intent of this chapter
to permit these nonconformities to continue until they are removed
or discontinued, but not to encourage their survival.
In any district in which single-family detached
dwellings are permitted, one single-family detached dwelling and customary
accessory buildings may be erected on any single lot of record existing
at the effective date of adoption or amendment of this chapter, notwithstanding
limitations imposed by other provisions of this chapter. Such lot
must be in single and separate ownership and not of continuous frontage
with other lots in the same ownership. This provision shall apply
even though such lot fails to meet the minimum lot area, width or
depth requirements that are generally applicable in the district,
provided that yard, height and all other requirements other than lot
area, width or depth requirements shall conform to the regulations
for the district in which the lot is located. Variance of yard requirements
shall be obtained only through action of the Zoning Hearing Board.
Nonconforming uses and structures may continue
to exist subject to the following limitations:
A. A single-family detached dwelling which is a nonconforming
use or structure (other than a dimensionally nonconforming structure)
may be permitted to expand by right, provided that all yard and coverage
requirements of the district in which the single-family detached dwelling
is located are met or that the expanded part of the structure will
not extend nearer to the street than that part of the existing structure
which is nearest to the street, whichever restriction is lesser.
B. Any nonconforming use other than a single-family
detached dwelling may be expanded upon the grant of a special exception
by the Zoning Hearing Board subject to the following standards and
criteria:
[Amended 9-15-1998 by Ord. No. 123]
(1) Extension and/or expansion of a nonconforming building,
or building containing a nonconforming use, may be permitted more
than one time, but shall be limited to a total of 25% of the gross
floor area of the building as it existed when it first became nonconforming.
The applicant shall furnish conclusive evidence as to the extent of
the nonconformity when it was created.
[Amended 12-14-2010 by Ord. No. 175]
(2) A
nonconforming use of land may be expanded by no more than 10% of the
gross lot area at the time it became nonconforming.
[Added 12-14-2010 by Ord. No. 175]
(3) Any expansion of a nonconforming use or structure
shall be limited to the lot of record upon which the nonconforming
use or structure existed on the date the use or structure became nonconforming.
(4) Any expansion of a nonconforming use or structure
shall comply with all applicable yard, setback and lot coverage requirements.
(5) The applicant shall furnish conclusive evidence as
to the extent of the use on the date when it became nonconforming.
(6) For the purposes of this section, the area of a nonconforming
use of land shall be measured as the lesser of the area authorized
to be devoted to such use by a permit issued by a regulatory agency
on or before the date the use became nonconforming or the actual physical
area devoted to the use, exclusive of setbacks, buffers, lanes, driveways
and other such areas upon which the use is not being continuously
and actively conducted.
C. Continuity of nonconforming uses. No nonconforming
use may be reestablished after it has been discontinued for 12 consecutive
months. The vacating of premises or structures or the nonoperative
status of such premises or structures shall be conclusive evidence
of discontinued use.
D. Substitution of nonconforming use. The Zoning Hearing
Board, by special exception, may permit the substitution of another
nonconforming use in accordance with the following criteria and limitations:
(1) The proposed use shall be permitted in the district
in which the nonconforming use would be a permitted use or in a more
restrictive zoning district than a district in which the nonconforming
use would be permitted.
(2) The proposed use shall not generate more traffic than
the existing nonconforming use.
(3) The proposed use, if commercial or industrial in nature,
shall not have longer hours of operation than the existing nonconforming
use.
(4) The proposed use shall not generate higher levels
of noise, smoke or glare off the property than the existing nonconforming
use.
(5) The proposed use shall not be more detrimental to
the neighboring properties and uses than the existing nonconforming
use.
E. Substitution of a conforming use. Any use which complies
with the regulations for the district in which the nonconforming use
is located may be substituted for the nonconforming use. Once a conforming
use is established, no nonconforming use shall be permitted in the
future. If a nonconforming use is proposed to be eliminated and a
conforming use substituted but certain regulations cannot be met (such
as area, yard, etc.) the Zoning Hearing Board, with such appropriate
conditions and safeguards as the Board may see fit, may grant a special
exception to permit such conforming use.
F. Restoration and repair.
(1) Restoration. A nonconforming structure which is unintentionally
damaged or partially destroyed may be rebuilt and occupied for the
same use as before the damage, provided that:
(a)
The previous foundation is to be used for restoration.
(b)
The reconstructed structure shall not be larger
than the damaged structure.
(c)
The reconstruction shall start within one year
from the time of damage to the structure.
(2) Repair. A nonconforming structure may be repaired,
provided that the repair shall not cause the structure to create further
expansion in a nonconforming dimension or aspect.
G. Dimensional nonconformity.
(1) Applicability. A structure which is nonconforming as to setbacks or lot area may be expanded in accordance with the requirements of Subsection
G(2) herein. Only structures which are used for a permitted use in the district in which the structure is located shall be permitted to expand in accordance with this section.
(2) Expansion limitations. Structures which are dimensionally
nonconforming may be expanded in accordance with the following regulations:
(a)
A structure which is located within the required
front yard area of the district in which it is located is permitted
to expand, provided that the expanded part of the structure will not
extend nearer to the street than that part of the existing structure
which is nearest to the street and that the minimum side yard and
rear yard areas of the district are met.
(b)
A structure which is located within the required
rear yard area of the district in which it is located is permitted
to expand, provided that the expanded part of the structure will not
extend nearer to the rear property line than that part of the existing
structure which is nearest to the rear property line and that the
minimum side yard and front yard areas of the district are met.
(c)
A structure which is located within a required
side yard area of the district in which it is located is permitted
to expand, provided that the expanded part of the structure will not
extend nearer to the side property line than that part of the existing
structure which is nearest to the side property line and that the
minimum front yard, rear yard and other side yard areas of the district
are met.
(3) Restoration of dimensionally nonconforming structure. A dimensionally nonconforming structure which is unintentionally destroyed or damaged may be rebuilt and occupied in accordance with the regulations set forth in §
110-10F(1) herein.
H. Unsafe or unlawful nonconforming structures. If a
nonconforming structure or portion thereof containing a nonconforming
use becomes physically unsafe or unlawful due to lack of repairs and
maintenance, and is declared by any duly authorized official to be
unsafe or unlawful by reason of physical condition, it shall not hereafter
be restored, repaired or rebuilt except in conformity with the regulations
of the district in which it is located.
I. Alteration within Floodplain District. Any modification, alteration,
repair, reconstruction or improvement of any kind to a nonconforming
use or structure located in the Floodplain District shall comply with
the regulations of the Brecknock Township Floodplain Management Ordinance.
[Amended 3-8-2016 by Ord.
No. 209-2016]
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use. Any expansion or alteration of such use shall require the granting of a special exception by the Zoning Hearing Board in accordance with §
110-63. Such special exception shall be considered in accordance with the provisions of the section which authorized such use of special exception.
If a nonconforming structure or use was expanded to the limits of expansion for a nonconforming structure or use as authorized by a prior zoning ordinance, no further expansion of said structure or use shall be permitted. No provision of this chapter shall be construed to permit the expansion of a nonconforming use or structure in excess of the limits of expansion for a nonconforming use or structure authorized hereunder. It is the express intent and purpose of this chapter that if a use or structure was expanded pursuant to a prior zoning ordinance or regulation, any further expansion of said use or structure shall, if permitted by this chapter, only be authorized to the extent of expansion permitted under §
110-10 which has not previously been utilized.