Township of Upper Uwchlan, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 200-100 Applicability.

All uses, structures, lots and signs that do not conform to regulations of the district in which they are located, but were in lawful existence prior to the effective date of this chapter, shall be known and regarded as nonconforming and the following regulations shall apply to them.

§ 200-101 Continuation.

Any lawful building or other structure, or any lawful use of a building, land or sign legally existing at the time of adoption of this chapter, or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter although such use does not conform to the provisions of this chapter.

§ 200-102 Nonconforming uses.

A. 
Extension or enlargement. The nonconforming use of a building or of a lot shall not be extended or enlarged, so as to use other portions of the building or lot and a nonconforming building housing a nonconforming or permitted use shall not be extended or structurally altered, except insofar as is permitted by law to assure the structural safety of the building; unless the Zoning Hearing Board shall by special exception as hereinafter provided, authorize the extension or enlargement of such use or building. The Zoning Hearing Board, upon proper application may grant such special exception provided that:
(1) 
It is clear that such extension is not materially detrimental to the character of the surrounding area or to the interest of the municipality.
(2) 
The area devoted to the nonconforming use shall not be increased by more than a total of 25%.
(3) 
Any extension or enlargement of the building or of a lot having a nonconforming use shall conform to all area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the district or districts in which the nonconforming use shall be limited to the lot which was in existence at the time of adoption of this chapter.
(4) 
Any extension or enlargement of a nonconforming use must meet the off-street parking and buffering requirements of Article XV herein.
B. 
Change of use. A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other things: potential traffic generation; nuisance characteristics (such as emission of noise, dust, odor, glare and smoke); fire hazards; and hours and manner of operation. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
C. 
Restoration. A structure containing a nonconforming use involuntarily destroyed by 75% or less of its value by fire, explosion, flood or other phenomena, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
(1) 
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned and shall be completed within one year of the date commenced.
(2) 
The reconstructed structure shall not exceed area and bulk of the damaged or destroyed structure, except as provided by Subsection A above.
D. 
Discontinuance. If a nonconforming use of a building or land is discontinued or otherwise totally ceases for a continuous period of one year or more, subsequent use of such building or land shall conform to the provisions of this chapter.
E. 
Abandonment. If a nonconforming use of a structure or land is raised, removed or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located. However, the same or another nonconforming use shall be allowed provided the request for the nonconforming use is filed and approved by the Board within the twelve-month period. The permit application for such approval shall be filed within 30 days after the decision of the Board with regard to the nonconforming use.

§ 200-103 Nonconforming structures.

A. 
Extension or enlargement.
(1) 
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or enlargement does not increase the floor area of the nonconforming structure by more than 25% of the floor area of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or enlargement shall be authorized as a special exception by the Zoning Hearing Board and shall not increase any existing nonconforming and shall comply with all area and bulk regulations. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 200-102A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 200-102C of this article.
(2) 
Any structural alteration, extension or addition to existing buildings shall conform with all area, height, width, yard and coverage requirements for the district in which it is located as well as building code regulations currently in effect.
(3) 
Any extension or enlargement of a nonconforming structure must meet the off-street parking and buffering requirements of Article XV herein.
B. 
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by 75% or less of its value by fire, explosion, windstorm, other active cause or legally condemned may be reconstructed in the same location provided. that:
(1) 
The reconstructed building or structure shall not exceed the height, area or bulk permitted by Subsection A or the original building, whichever shall be the more limited, except as specified by § 200-57.
(2) 
Reconstruction shall begin within one year from the date of damage or destruction and shall be completed without interruption.
C. 
Change of use. The use of a nonconforming structure may be changed to another nonconforming use if such currently exists, or to a conforming use when authorized as a conditional use by the Board of Supervisors and subject to § 200-116 of this chapter.

§ 200-104 Nonconforming lots.

A. 
A building may be constructed on an nonconforming lot of record in existence at the effective date of this chapter. If the side, rear or front yard setback requirements cannot be met, a special exception may be authorized by the Zoning Hearing Board. Contiguous nonconforming lots under common ownership shall be considered one lot.
B. 
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than herein prescribed.
C. 
An existing structure located on a lot nonconforming as to area may be used for the use permitted in the district in which it is located, provided the structure complies within all bulk requirements of that district. If a nonconforming structure is located on a nonconforming lot, such structure may be used for a use permitted in the district in which it is located when it is determined by the Zoning Hearing Board on appeal, that the proposed use is not injurious to health, safety, morals, and general welfare of the Township in general and the surrounding property owners in particular, and provided that the requirements of § 200-103C are met.

§ 200-105 Nonconforming signs.

[Amended 12-15-2003 by Ord. No. 03-05]
A. 
Area. The total area of all such signs relating to a single use at the effective date of this chapter, or at the effective date of any amendment of this chapter by which any sign shall be made nonconforming, shall not be increased.
B. 
Replacement. No such sign shall be physically altered or replaced except for relettering. Nonconforming signs, once removed, may be replaced only by conforming signs unless authorized by the Zoning Hearing Board.
C. 
Discontinuance. Whenever any nonconforming use of building, structure, or land, or of a combination of buildings, structures, and land ceases as prescribed in this section, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months from the date such use terminates.