Within the zoning districts established by this
ordinance or subsequent amendments thereto, there exists or will exist
certain nonconformities which, if lawful before this ordinance was
passed or amended, may be continued, subject to certain limitations,
although such nonconformities would be prohibited, regulated, or restricted
under the terms of this ordinance or subsequent amendments thereto.
To avoid undue hardship, nothing in the ordinance
shall be deemed to require a change in the plans, construction, or
designated use of any building or structure on which actual construction
was lawfully begun prior to the effective date of adoption or amendment
of this ordinance and on which actual building construction is completed
within two years after such date
In any district, structures and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of this ordinance, notwithstanding limitations
imposed by other provisions of this ordinance. This provision shall
apply even though such lot fails to meet the requirements for area
or width, or both, that are generally applicable in the district,
provided that yard dimensions and requirements, other than those applying
to area or width, or both, shall conform to the regulations for the
district in which such lot is located. Variance of yard requirements
shall be obtained only through action of the Zoning Hearing Board.
If two or more lots, combination of lots and
portion of lots with continuous frontage in single ownership are of
record at the time of passage or amendment of this ordinance, and
if all or part of the lots do not meet the requirements established
for lot width and/or area, the land involved shall be considered to
be an undivided parcel for the purpose of this ordinance, and no portion
of said parcel shall be used or sold in a manner which diminishes
compliance with lot width and or area requirements established by
this ordinance, nor shall any division of any parcel be made which
creates a lot width or area below the requirements stated in this
ordinance.
Lawful uses of land, which at the effective
date of this ordinance or as a result of subsequent amendments thereto
become nonconforming and where such use involves no individual structure
or building with a replacement cost exceeding $1,000 may be continued
by the present or any subsequent owner so long as it remains otherwise
lawful, subject to the following provisions.
703.1
Extension. No such nonconforming use shall be enlarged
or increased nor extended to occupy a greater area of land than was
owned or leased by the user at the effective date of adoption of such
amendment of this ordinance.
703.2
Discontinuance. Whenever a nonconforming use has been
discontinued for a period of six consecutive months, such use shall
not thereafter be reestablished unless a certificate of intention
as per § 709 has been filed. Any future use shall be in
conformity with the provisions of this ordinance.
703.3
Changes or moving of use. A nonconforming use, if
changed to a conforming use, shall not thereafter be changed back
to any nonconforming use. A nonconforming use may, by special exception,
be changed to another nonconforming use, provided that the Zoning
Hearing Board shall find that the proposed use is equally appropriate
or more appropriate in the zoning district than the existing nonconforming
use.
703.4
Additional structures or buildings. No additional
structures or buildings not conforming to the requirement of this
ordinance shall be erected in connection with such nonconforming use
of land.
Structures or buildings which at the effective
date of this ordinance or subsequent amendments thereto become nonconforming
by reason of restrictions on area, lot coverage, height, yards, location
on the lot, or other requirements concerning the building or structure,
may be continued to be used so long as such structure or building
remains otherwise lawful, subject to the following provisions:
704.1
Enlargement. No such nonconforming structure or building
may be enlarged or altered in a way which increases its nonconformity,
but any structure or portion thereof may be altered to decrease its
nonconformity.
704.2
Damage or destruction. A nonconforming structure which
is accidentally destroyed or partially destroyed by fire, explosion,
or by any means to an extent of 75% or more of the market value thereof
immediately prior to such damage or destruction shall not be repaired
or restored to a nonconforming status, but shall be reconstructed
and used only in conformity with the provisions of this ordinance,
unless the structure reconstruction is commenced within six months
from date the structure was damaged and shall be carried on without
interruption.
704.3
Moving of structure or building. No nonconforming
structure or building shall be, for any reason, moved for any distance
unless it shall thereafter conform to the zoning regulations for the
district in which it is located after it is moved.
Lawful uses of structures or buildings which
at the effective date of this ordinance or as a result of subsequent
amendments thereto become nonconforming, may be continued by the present
or any subsequent owner so long as such use remains otherwise lawful,
subject to the following provisions.
705.1
Extension. A nonconforming use, other than a nonconforming
home occupation or sign, may be extended throughout any part of an
existing structure or building, or a new extension may be constructed,
provided that any structural alterations, extensions or additions
shall comply with all provisions of this ordinance with respect to
height, area, width, yard and coverage requirements for the zoning
district in which the structure or building is located. However, such
extension of a nonconforming use shall not exceed 50% of the gross
floor area occupied by said nonconforming use at the time such nonconforming
use became nonconforming. Nonconforming home occupations or adult
entertainment use shall not be extended within the building or upon
the lot on which the nonconforming home occupation or adult entertainment
use is located.
[Amended 9-14-1998 by Ord. No. 98-14]
705.2
Change of use. A nonconforming use, if changed to
a conforming use, shall not thereafter be changed back to any nonconforming
use. A nonconforming use, other than a nonconforming home occupation
or sign, may, by special exception, be changed to another nonconforming
use, provided that the Zoning Hearing Board shall find that the proposed
use is equally appropriate or more appropriate in the zoning district
than the existing nonconforming use. No nonconforming home occupation
shall be changed to another nonconforming use.
705.3
Discontinuance. Whenever a nonconforming use of a
structure or building or portion thereof has been discontinued or
abandoned for six consecutive months, such structure or building or
portion thereof shall not thereafter be reestablished, unless a certificate
of intention as per § 709 has been filed. Any future use
shall be in conformity with the provisions of this ordinance.
705.4
Destruction. Removal or destruction of the structure
or building in which a nonconforming use is located shall eliminate
the use of the land upon which the structure or building was erected
for a nonconforming use. Destruction for the purpose of this subsection
is defined as damage to an extent of 75% or more of the market value
of the structure or building immediately prior to such damage or destruction.
However, if construction begins within six months after destruction
or partial destruction, the same nonconforming use may be reestablished.
The Zoning Hearing Board may, by special exception, authorize another
equally appropriate or more appropriate use to be reestablished.
705.5
Nonconforming signs.
a.
All signs erected prior to the enactment of this ordinance
or subsequent amendment thereto which are not in conformity with the
provisions thereof, shall be deemed nonconforming signs.
b.
The types of such signs listed below shall be removed
or otherwise brought into conformity with the provisions of this ordinance
in accordance with the following schedule:
(1)
Temporary sidewalk, sandwich, or "A" frame signs,
movable freestanding signs, banners, streamers, pennants, and similar
signs shall be abated or removed within 60 days of the enactment of
this ordinance.
(2)
Signs painted on buildings, walls, fences or
benches shall be abated or removed within one year of the date of
enactment of this ordinance.
c.
Any replacement, reconstruction, alteration, extension
or addition to a nonconforming sign, including any alteration of the
structural supports or mechanical facilities thereof, shall require
the prior issuance of a permit for the same from the Uwchlan Township
Zoning Officer. No such permit shall be issued unless the sign, as
it is proposed to be replaced, reconstructed, altered, extended or
enlarged shall be in complete and strict conformity with all of the
provisions of this ordinance.
If a nonconforming structure or building or
portions thereof containing a nonconforming use becomes physically
unsafe or unlawful due to lack of repairs or maintenance, and is declared
by any duly authorized official to be unsafe or unlawful by reason
of physical condition, such structure or building shall not thereafter
be restored, repaired, or rebuilt except in conformity with the regulations
of the zoning district in which it is located.
Any use which is permitted as a special exception
in a zoning district under the terms of this ordinance and which existed
at the adoption of this ordinance (other than a change through Zoning
Hearing Board action from one nonconforming use to another nonconforming
use) shall not be deemed a nonconforming use in such zoning district,
but shall without further action be considered a conforming use.
To facilitate the administration of this ordinance,
it shall be the duty of the Zoning Officer to prepare and maintain
an accurate listing of all nonconforming uses, structures, and buildings.
Such a listing shall be a matter of public record and shall constitute
sufficient notice of the nonconforming status of said property and
the limitations therein expressed and implied to any transferee acquiring
any right to use or own such property.
A certificate of intention shall be required
in all instances where a nonconforming use of land or nonconforming
use of a structure or building is discontinued if the owner or operator
of such uses desires to maintain such a nonconforming use.
709.1
The Zoning Officer shall maintain proper forms for
the registration of any certificate of intention. It shall be incumbent
upon the owner or applicant to file such a form with the Zoning Officer.
The filing of such form shall be considered an administrative duty
of the Zoning Officer, who shall not refuse to accept the completed
form.
709.2
The Zoning Officer shall maintain a separate file
for all certificates of intention.
709.3
Each certificate of intention shall be valid for a
period of one year unless extended by the Board of Supervisors for
a maximum of two additional terms of one year each. Failure to renew
the certificate of intention shall constitute an end of the nonconforming
use status.
