The following regulations shall apply to existing
uses, structures, buildings, lots, and signs which do not conform
to the provisions of this chapter or to the provisions of any subsequent
amendment hereto, but do conform to the provisions under the West
Brandywine Township Zoning Ordinance of 1968, prior to amendment,
or are lawfully nonconforming under the Zoning Ordinance of 1968.
Except as provided in this article, any lawful
use existing at the effective date of this chapter, which does not
conform with the provisions of this chapter, shall comply with the
following:
A.
Continuation. Any lawful nonconforming use of structure
or of land legally existing on the effective date of this chapter
may be continued except as otherwise herein provided.
B.
Extension of use. Any lawful nonconforming use of
land or of buildings may be extended upon the lot on which it exists
at the time of the effective date of this chapter. Such extension
shall conform to the area and bulk requirements and design standards
of this chapter. The extension of a nonconforming use on a lot shall
be limited to the lot which was in existence on the effective date
of this chapter. The volume, area, or extent of the nonconforming
use devoted to such extension shall not be increased by more than
50% of the area so used on a lot or within a building or structure
on the date that it became nonconforming.
C.
Change in use. Once changed to a conforming use, no
structure or land shall be permitted to revert to a nonconforming
use. A nonconforming use may be changed to another nonconforming use
only under the following conditions:
Except as provided in this article, any building
or structure existing at the time of passage or amendment to this
chapter shall comply with the following:
A.
Continuation. Any lawful nonconforming building or
structure legally existing on the effective date of this chapter may
be continued.
B.
Restoration. Any lawful nonconforming building or
structure which has been involuntarily damaged by fire or some other
calamity may be restored within the limits of the existing foundation,
provided restoration shall begin within one year from the date of
damage or destruction and shall be carried on without interruption.
Evidence of a hardship beyond the control of the applicant is necessary
to request an extension of time from the Board.
C.
Extension. Any lawful nonconforming building or structure
existing at the time of the effective date of this chapter may be
extended provided such extensions conform to the applicable area and
bulk requirements, but shall not exceed 50% of the floor area of the
nonconforming building as it existed at the time of the effective
date of this chapter.
[Amended 8-11-1986 by Ord. No. 86-02]
A lot, held at the effective date of this chapter in single and separate ownership, which does not meet the required minimum area or dimension requirements or is of such unusual dimensions to prevent required open spaces from being provided, may be used or have a building erected or altered upon it. A granting of a variance by the Zoning Hearing Board shall be required for any building or structure upon a nonconforming lot when setback requirements cannot be met. The provisions of § 200-139 shall govern the review of uses on nonconforming lots. In the event an applicant owns adjacent property sufficient to enable him to comply with the provisions of this chapter, such property or portions thereof shall be combined prior to the erection or alteration of a building or structure.
Any sign existing at the effective date of this chapter that does not conform to the provisions of Article XVII shall be considered a lawful nonconforming sign. All nonconforming signs shall be made conforming or removed within three years of the effective date of this chapter. During the three-year period, lawful nonconforming signs may be repainted, repaired or modernized, provided such improvements do not increase the dimensions of the existing nonconforming sign.
No nonconforming use shall be extended to displace
conforming use.
Whenever a lawful nonconforming use of land
or of a building or structure is abandoned, discontinued or left vacant
for a continuous period of one year or more, subsequent use of such
buildings or structures, or of land shall be in conformance with the
provisions of this chapter.
In considering a special exception to permit
a nonconforming use, building or structure to occur on a nonconforming
lot, the Zoning Hearing Board shall consider the following criteria:
A.
Nonconforming lots. The proposed use and buildings
conform to the permitted use and bulk requirements of the district
in which such lot.
B.
Nonconforming buildings and structures. The alteration
or expansion of such buildings and structures conforms to the building
height requirement and shall not impose any hazard to adjoining properties.
C.
Nonconforming use. The design standards imposed for
uses within the applicable district have to be appropriately applied
to the use of the lot.
