Continuation. Any lawful building or other structure and any lawful
use of a building or other structure or land, existing on the effective
date of this chapter, which does not conform with the provisions of
this chapter, shall be considered a lawful nonconforming building,
structure or use and may be continued, except as otherwise herein
provided.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification, which shall thereafter not be subject to any further change except to a conforming use, and for such purpose a building may be extended in accordance with Subsection B of this section hereinabove. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
Any lawful nonconforming building or other structure may be demolished
and another structure erected in its place by conditional use under
the following circumstances:
[Amended 2-10-2004 by Ord. No. 04-06, approved 2-10-2004]
The reconstructed building or structure shall not exceed the
height, area, volume or square footage of the previous lawful nonconforming
building or structure.
If the structure to be demolished is attached to another building,
then the exposed wall of the other building must be watertight and
structurally sound as proven by the opinion of a structural engineer
at the conditional use hearing. The applicant will also be required
to post an escrow in an amount determined by the Borough Engineer
to guarantee that the exposed wall will be watertight and structurally
sound and also to guarantee that the exposed wall will be furnished
and match the exterior of the rest of the building attached to the
exposed wall, if the exposed wall is not finished within three months
of demolition.
At the conditional use hearing, the applicant must prove that
the demolition of the proposed building or structure and the rebuilding
of the building or structure is consistent with the public interest
and would not be injurious to the public safety, health and welfare
of the community.
The structure or building to be erected must comply in all respects
with the current building code[2] and other laws and ordinances of the Borough of West Conshohocken.
Cost determination. In determining the restoration cost of any structure
devoted to a nonconforming use or of a nonconforming structure, these
shall not be included in such cost of land or any factors other than
the cost of the structure itself.
Abandonment. If a lawful nonconforming use of a building or other
structure is abandoned or discontinued for a continuous period of
one year or more, or if a lawful nonconforming use of land is abandoned
or discontinued for a continuous period of six months or more, subsequent
use of such building or structure or land shall be in conformity with
the provisions of this chapter.
Building condemned. A nonconforming building which has been legally
condemned shall not be rebuilt or used, except in accordance with
the provisions of this chapter.
Any lawful nonconforming use of a portion of a building may be extended
throughout the building by a total of 25% of the area of the building
that contained the nonconforming use existing at the time the zoning
code was passed that created the nonconforming use. Any lawful nonconforming
use may be extended throughout the building beyond 25% by special
exception. The special exception shall not be authorized if the proposed
expansion above 25% cannot meet the necessary parking requirements
for the area of expansion above 25%. The area above 25% must have
the same amount of on-site parking that would be required by current
ordinances. The special exception shall not be authorized if the nonconforming
use or nonconforming structure or building has already been extended
upon the lot. The special exception in this section shall only apply
to an expansion of a nonconforming use within the structure that originally
existed at the time the use became nonconforming. This special exception
shall not apply to any extension of any nonconforming use beyond the
structure or building that existed at the time the zoning code was
passed that made the use nonconforming. The special exception in this
section shall not apply to any extensions of nonconforming structures
or buildings.
[Added 1-14-2004 by Ord. No. 04-03, approved 1-14-2004]
The Zoning Officer shall record all uses not conforming to the
district requirements set forth in this chapter. Such record shall
be available for inspection at the Borough Municipal Building.