A Zoning Hearing Board is hereby created. The membership of
the Board shall consist of five residents of the Township appointed
by the Township Commissioners. Their terms of office shall be five
years and shall be so fixed that the term of one member shall expire
each year. The Zoning Hearing Board shall promptly notify the Township
Commissioners of any vacancies which occur. Appointments to fill vacancies
shall be only for the unexpired portion of the term. Members of the
Zoning Hearing Board shall hold no other office in the Township. For
the initial appointment of the two additional members of the Zoning
Hearing Board, one appointment shall be for a term of three years
and shall expire on December 31, 2001. The second appointment shall
be for a term of four years and shall expire in the year 2002. Reappointments
or new appointments shall be made by the Board of Commissioners as
terms expire.
The Township Commissioners may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 190-801, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate member pursuant to § 190-801 of this chapter.
If, by reason of absence or disqualification of a member, a
quorum is not reached, the Chairman of the Board shall designate as
many alternate members of the Board to sit on the Board as may be
needed to provide a quorum. Any alternate member of the Board shall
continue to serve on the Board in all proceedings involving the matter
or case for which the alternate was initially appointed until the
Board has made a final determination of the matter or case. Designation
of an alternate pursuant to this section shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
Any Zoning Hearing Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the Township Commissioners which appointed the member,
taken after the member has received 15 days' advance notice of the
intent to take such a vote. A hearing shall be held in connection
with the vote if the member shall request it in writing to the Township
Commissioners.
A.
The Zoning Hearing Board shall elect, from its own membership, its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Zoning Hearing Board, but the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board as provided in Article IX.
B.
The Zoning Hearing Board may make, alter and rescind rules and forms
for its procedure, consistent with ordinances of the Township and
laws of the Commonwealth of Pennsylvania. The Zoning Hearing Board
shall keep full public records of its business and shall submit a
report of its activities to the Township Commissioners once a year.
Within the limits of funds appropriated by the Township Commissioners,
the Board may employ or contract for secretaries, clerks, legal counsel,
consultants and other technical and clerical services. Members of
the Board and alternatives may receive compensation for the performance
of their duties, as may be fixed by the Township Commissioners, but
in no case shall it exceed the rate of compensation authorized to
be paid to the members of the Township Commissioners.
A.
The Township Commissioners may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
B.
The appearance fee for a stenographer shall be shared equally by
the applicant and the Board. The cost of the original transcript shall
be paid by the Board if the transcript is ordered by the Board or
hearing officer or shall be paid by the person appealing from the
decision of the Board if such appeal is made, and in either event
the cost of additional copies shall be paid by the person requesting
such copy or copies. In other cases, the party requesting the original
transcript shall bear the cost thereof.
The Zoning Hearing Board shall have exclusive jurisdiction to
hear and render final adjudication in the following matters:
A.
Substantive challenges to the validity of any land use ordinance,
except curative amendments brought before the Township Commissioners.
B.
Challenges to the validity of a land use ordinance raising procedural
questions or alleged defects in the process of enactment or adoption,
which challenges shall be raised by an appeal taken with 30 days after
the effective date of this chapter.
C.
Appeals from the determination of the Zoning Officer, including but
not limited to the granting or denial of any permit or failure to
act on the application therefor, the issuance of any cease-and-desist
order or the registration or refusal to register any nonconforming
use, structure or lot.
D.
Appeals from a determination by the Township Engineer or the Zoning
Officer with reference to the administration of any floodplain or
flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of this chapter, a flood hazard ordinance or such provisions within a land use ordinance pursuant to § 190-808 of this chapter.
F.
Applications for special exceptions where specified under this chapter or a floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to § 190-808 of this chapter.
G.
Appeals from the determination of any officer or agency charged with
the administration of any transfers of development rights or performance
density provisions of this chapter.
H.
Appeals from the Zoning Officer's determination under Section 916.2
of the Pennsylvania Municipalities Planning Code.
I.
Appeals from the determination of the Zoning Officer or Township
Engineer in the administration of any land use ordinance or provision
thereof with reference to sedimentation and erosion control and stormwater
management insofar as the same relates to development not involving
subdivision and land development or alternative residential or mixed-use
development models.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A.
Public notice shall be given and written notice shall be given to
the applicant, the county planning agency, the Zoning Officer, such
other persons as the Township Commissioners shall designate by ordinance
and to any person who has made timely request for the same. Written
notices shall be given at such time and in such manner as shall be
prescribed by ordinance or, in the absence of ordinance provisions,
by rules of the Board. The Township Commissioners may establish reasonable
fees, based on cost, to be paid by the applicant and by persons requesting
any notice not required by ordinance. In addition to the above notices,
notice of said hearing shall be conspicuously posted on the affected
land at least one week prior to the hearing.
B.
The first hearing before the Board or hearing officer shall be commenced
within 60 days from the date of receipt of the applicant's application,
unless the applicant has agreed in writing to an extension of time.
Each subsequent hearing before the Board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the applicant in writing or on the record. An applicant shall
complete the presentation of his case-in-chief within 100 days of
the first hearing. Upon the request of the applicant, the Board or
hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And applicant may, upon request, be granted additional hearings to
complete his case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and Township, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal. The
hearings shall be conducted by any of its members as a Hearing Officer.
The decision or, where no decision is called for, the findings shall
be made by the Board, but the parties may waive decision or findings
by the Board and accept the decision or findings of the Hearing Officer
as final.
C.
The hearings shall be conducted by the Board, or the Board may appoint
any of its members as a Hearing Officer. The decision or, where no
decision is called for, the findings shall be made by the Board, but
the parties may waive decision or findings by the Board and accept
the decision or findings of the Hearing Officer as final.
D.
The parties to the hearing shall be Penn Township and any person
affected by the application who has made timely appearance of record
before the Board and any other person, including persons representing
civic or community organizations, permitted to appear by the Board.
The Board shall have the power to require that all persons who wish
to be considered parties enter appearances in writing on forms provided
by the Board for that purpose.
E.
The Chairman or Acting Chairman of the Board or the Hearing Officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and to present evidence
and argument and to cross-examine adverse witnesses on all relevant
issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
The Board or the Hearing Officers, as the case may be, shall keep
a stenographic record of the proceedings from which a transcript may
be produced. Copies of graphic or written material received in evidence
shall be made available to any party at cost.
I.
The Board or the Hearing Officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda or other materials except advice from their
Solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of the hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the Hearing Officer, as the case may be, shall render
a written decision or, when no decision is called for, make written
findings on the application within 45 days after the last hearing
before the Board or Hearing Officer. Where the application is contested
or denied, each decision shall be accompanied by findings of fact
and conclusions based thereon together with the reasons ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found. If the hearing is conducted by a Hearing
Officer and there has been no stipulation that his decision or findings
are final, the Board shall make his report and recommendations available
to the parties within 45 days, and the parties shall be entitled to
make written recommendations thereon to the Board prior to final decision
or entry of findings, and the Board's decision shall be entered no
later than 30 days after the report of the Hearing Officer.
K.
Except for challenges filed under Section 916.1 of the Pennsylvania Municipalities Planning Code, where the Board has power to render a decision and the Board or the Hearing Officer, as the case may be, fails to render the same within the period required by this section, or fails to commence, conduct or complete the required hearing as provided in Subsection B, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed, in writing or on the record, to an extension of time.
L.
When a decision has been rendered in favor of the applicant because
of failure of the Board to meet or render a decision, the Board shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision. If the Board shall fail to
provide such notice, the applicant may do so. Nothing in this section
shall prejudice the right of any party opposing the application to
appeal the decision to the Court of Common Pleas.
M.
A copy of the final decision or, where no decision is called for,
of the findings shall be delivered to the applicant personally or
mailed to him not later than the day following its date. To all other
persons who have filed their names and addresses with the Board not
later than the last day of the hearing, the Board shall provide, by
mail or otherwise, brief notice of the decision or findings and a
statement of the place at which the full decision or findings may
be examined.
A.
The Board shall hear requests for variances where it is alleged that
the provisions of this chapter (Zoning) inflict unnecessary hardship
upon the applicant. The Board may, by rule, prescribe the form of
application and may require preliminary application to the Zoning
Officer. The Board may grant a variance, provided that the following
findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions,
including irregularity, narrowness or shallowness of lot size or shape
or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this chapter in the neighborhood or district
in which the property is located;
(2)
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this chapter and that the authorization of
a variance is therefore necessary to enable the reasonable use of
the property;
(3)
That such unnecessary hardship has not been created by the applicant;
(4)
That the variance, if authorized, will not alter the essential
character of the neighborhood or district in which the property is
located nor substantially or permanently impair the appropriate use
or development of adjacent properties nor be detrimental to the public
welfare; and
(5)
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least modification
possible of the regulation in issue.
B.
In granting any variance, the Board may attach such reasonable conditions
and safeguards as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code.
The Board shall hear and decide requests for such special exceptions
in accordance with the standards and criteria for particular uses
outlined in this section. In granting a special exception, the Board
may attach such reasonable conditions and safeguards, in addition
to those expressed in this chapter, where such action is specified
and as it may deem necessary to implement the purposes of the Pennsylvania
special exception where such action is specified, provided that all
of the following findings are made:
A.
The special exception shall be in accordance with the express standards
and criteria in this section for a special exception.
B.
The special exception shall not involve any hazardous element or
cause any nuisance to any property or persons and shall comply with
any performance standards established in this chapter or other applicable
Township ordinances.
C.
The special exception shall be sighted, oriented and landscaped to
produce a harmonious relationship of buildings and grounds to adjacent
buildings and properties.
D.
The special exception shall produce a total visual impression and
environment which is consistent with the environment of the neighborhood
in which it is proposed to be situated.
E.
The special exception use shall be designed to manage vehicular access,
interior circulation and required parking to minimize traffic congestion
in the neighborhood.
F.
The special exception shall preserve the purposes of this chapter
by mitigating use characteristics deemed to be incompatible with existing
uses.
A.
Parties to proceedings authorized in this chapter may utilize mediation
as an aid in completing such proceedings. In proceedings before the
Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate
mediation or participate as a mediating party. Mediation shall supplement,
not replace, those procedures in this chapter once they have been
formally initiated. Nothing in this section shall be interpreted as
expanding or limiting municipal police powers or as modifying any
principles of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. Any municipality offering
the mediation option shall assure that in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized in this chapter
or in the Pennsylvania consent by the mediating parties and by an
applicant or Township decision-making body, if either is not a party
to the mediation.
(5)
Identifying all parties and affording them the opportunity to
participate.
(6)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the appropriate
decision-making body pursuant to the authorized procedures set forth
in this chapter.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
A.
No person shall file any proceeding with the Board later than 30
days after any application for development, preliminary or final,
has been approved by an appropriate Township officer, agency or body.
B.
Proceeding is designed to secure reversal or to limit the approval
in any manner, unless such person alleges and proves that he had no
notice, knowledge or reason to believe that such approval had been
given. If such person has succeeded to his interest after such approval,
he shall be bound by the knowledge of his predecessor in interest.
C.
All appeals from determinations adverse to the landowner shall be
filed by the landowner within 30 days after notice of the determination
is issued.
A.
Upon filing of any proceeding and during its pendency before the
Board, all land development pursuant to any challenged ordinance,
order or approval of the Zoning Officer or of any agency or body and
all official action thereunder shall be stayed unless the Zoning Officer
or any other appropriate agency or body certifies to the Board facts
indicating that such stay would cause imminent peril to life or property,
in which case the development or official action shall not be stayed
otherwise than by a restraining order, which may be granted by the
Board or by the court having jurisdiction of zoning appeals on petition
after notice to the Zoning Officer or other appropriate agency or
body. When an application for development, preliminary or final, has
been duly approved and proceedings designed to reverse or limit the
approval are filed with the Board by persons other than the applicant,
the applicant may petition the court having jurisdiction of zoning
appeals to order such persons to post bond as a condition to continuing
the proceedings before the Board.
B.
The question of whether or not such petition should be granted and
the amount of the bond shall be within the sound discretion of the
court. All appeals from decisions rendered by the Zoning Hearing Board
shall be taken to the Westmoreland County Court of Common Pleas and
shall be filed within 30 days after the entry of the decision or,
in the case of a deemed decision, within 30 days after the date upon
which notice of said deemed decision is given as required this article.
C.
If an appeal is taken by a respondent to the petition for a bond
from an order of the court dismissing a zoning appeal for refusal
to post a bond and the appellate court sustains the order of the court
below to post a bond, the respondent to the petition for a bond, upon
motion of the petitioner and after hearing in the court having jurisdiction
of zoning appeals, shall be liable for all reasonable costs, expenses
and attorney fees incurred by the petitioner.
A.
A landowner who, on substantive grounds, desires to challenge the
validity of an ordinance or map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest
shall submit the challenge either:
B.
Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under § 190-808.
C.
(1)
In challenges before the Zoning Hearing Board, the challenging
party shall make a written request to the Board that it hold a hearing
on its challenge. The request shall contain the reasons for the challenge.
Where the landowner desires to challenge the validity of such ordinance
and elects to proceed by curative amendment, his application to the
Board of Commissioners shall contain, in addition to the requirements
of the written request hereof, the plans and explanatory materials
describing the use or development proposed by the landowner in lieu
of the use or development permitted by the challenged ordinance or
map. Such plans or other materials shall not be required to meet the
standards prescribed for preliminary, tentative or final approval
or for the issuance of a permit, so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
evaluating the challenged ordinance or map in light thereof. Nothing
herein contained shall preclude the landowner from first seeking a
final approval before submitting his challenge.
(2)
If the submission is made by the landowner to the Board of Commissioners under Subsection A(2), the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein.
(3)
If the submission is made to the Board of Commissioners, the municipal solicitor shall represent and advise it at the hearing or hearings referred to in § 190-809.
(4)
The Board of Commissioners may retain an independent attorney
to present the defense of the challenged ordinance or map on its behalf
and to present their witnesses on its behalf.
(5)
Based upon the testimony presented at the hearing or hearings,
the Board of Commissioners or the Zoning Hearing Board, as the case
may be, shall determine whether the challenged ordinance or map is
defective, as alleged by the landowner. If a challenge heard by a
Board of Commissioners is found to have merit, the Commissioners shall
proceed as provide. If a challenge heard by a Zoning Hearing Board
is found to have merit, the decision of the Zoning Hearing Board shall
include recommended amendments to the challenged ordinance which will
cure the defects found. In reaching its decision, the Zoning Hearing
Board shall consider the amendments, plans and explanatory material
submitted by the landowner and shall also consider:
(a)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(b)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map;
(c)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains, aquifers,
natural resources and other natural features;
(d)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts;
and
(e)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
(6)
The Board of Commissioners or the Zoning Hearing Board, as the
case may be, shall render its decision within 45 days after the conclusion
of the last hearing.
D.
The Zoning Hearing Board or Board of Commissioners, as the case may
be, shall commence its hearings within 60 days after the request is
filed unless the landowner requests or consents to an extension of
time.
E.
Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments, may be examined by the public.
F.
The challenge shall be deemed denied when:
(1)
The Zoning Hearing Board or Board of Commissioners, as the case may be, fails to commence the hearing within the time limits set forth in Subsection D;
(2)
The Board of Commissioners notifies the landowner that it will
not adopt the curative amendment;
(3)
The Board of Commissioners adopts another curative amendment
which is unacceptable to the landowner; or
(4)
The Zoning Hearing Board or Board of Commissioners, as the case
may be, fails to act on the request 45 days after the close of the
last hearing on the request, unless the time is extended by mutual
consent by the landowner and Township.
G.
Where, after the effective date of this chapter, a curative amendment proposal is approved by the grant of a curative amendment application by the Board of Commissioners pursuant to the Pennsylvania Municipalities Planning Code, Section 909.1(b)(4), or a validity challenge is sustained by the Zoning Hearing Board pursuant to § 190-815 or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval pursuant to the Penn Township Subdivision and Land Development Ordinance.[1] Within the two-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. Upon the filing of the preliminary or tentative plan, the
provisions of the Penn Township Subdivision and Land Development Ordinance
shall apply. Where the proposal appended to the curative amendment
application or the validity challenge is approved but does not require
further application under any subdivision or land development ordinance,
the developer shall have one year within which to file for a building
permit. Within the one-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. During these protected periods, the court shall retain
or assume jurisdiction for the purpose of awarding such supplemental
relief as may be necessary.
The provisions of this chapter shall apply to all nonconforming
uses, lots, and structures as defined by this chapter. Nothing contained
herein shall require any change in the overall layout, plans, construction,
size or designated use of any development, building, structure or
part thereof for which official approval and required permits have
been granted prior to the effective date of this chapter or any amendment
thereto.
Subject to the provisions of this article, a nonconforming use
of building or land may be continued or conveyed from one owner to
another even though such use does not conform with the provisions
of this chapter for the district in which it is located.
A.
Regardless of the size of a lot of record prior to the passage of
this chapter, such lot may be developed for any use permitted in the
district in which the lot is located, provided that where setback,
width, density, or other requirements make development impractical,
the Zoning Hearing Board may permit development to occur after granting
specific variances.
B.
If two or more abutting lots of record in one ownership occur prior
to passage of this chapter and if one or all of these lots are less
than the requirements of lot width and area as established in this
chapter, the total area of all of the lots shall be considered as
undivided and no portion of the area of lots shall be used or sold
unless such portion equals or exceeds the lot width and area requirements
of this chapter; nor shall any division of the parcel be made which
leaves remaining any lot width or area less than the requirements
of this chapter.
A.
Where a lawful use of a structure and/or its premises existed on
the date of adoption or amendment of this chapter, and becomes nonconforming
as a result of adoption of this chapter or its amendment, such structure
and/or its premises may remain in the same use subject to the following
criteria.
(1)
A nonconforming use may be enlarged, increased, or extended
beyond the area and/or volume it occupied at the time of adoption
of this chapter, provided that such increase does not exceed 25% of
the area and/or volume the use occupied at the time of adoption of
this chapter, and provided further that in any one five-year period,
all increases or enlargements do not exceed 50% of the area and/or
volume the use occupied at the time of the adoption of this chapter.
Any enlargement, increase, or extension of a nonconforming use beyond
the limits set forth in this subsection shall be permitted only upon
a finding by the Zoning Hearing Board that the enlargement or extension
is necessary for the natural expansion and growth in trade of the
nonconforming use.
(2)
If a nonconforming use is discontinued for a period of at least one year for any reason, any use of the property thereafter shall be in conformance with the development regulations for the zoning district containing the property. Discontinuance of a nonconforming use and a presumption of abandonment shall be indicated by the removal of stock-in-trade and/or permanent equipment or furniture needed to operate the use. If the use is reopened within the one-year period, an occupancy permit (see § 190-817) will be required.
(3)
A nonconforming use may be changed to a second nonconforming
use provided that an application for the second use is filed with
the Zoning Hearing Board and the Board finds that the proposed use
is more compatible, in terms of the characteristics of the use, including
but not limited to noise, lighting, traffic, environmental and other
impacts deemed relevant, with the uses permitted in the zoning district
than the preceding nonconforming use.
(4)
A nonconforming use may be sold, but each succeeding owner of
a nonconforming commercial or industrial use shall receive approval
of the Zoning Officer through the issuance of an occupancy permit
before commencing operation to assure that the use will be operated
in the same manner and not introduce increased nonconforming characteristics.
(5)
Once a nonconforming use is changed to a conforming use, it
may not thereafter revert to nonconforming status. If a nonconforming
use occupies a building and is discontinued, any nonconforming use
of the property shall also cease.
(6)
Nonconformity as to required parking or loading does not render
a use subject to the conditions of this subsection.
(7)
A use that is nonconforming as to parking or loading shall not
be changed to another use requiring more off-street parking or loading
unless the additional required parking or loading facilities are provided.
(8)
The Zoning Hearing Board may permit a nonconforming use to provide
off-street parking or loading on a lot other than the lot on which
the use is located.
Where a structure existed on a property at the effective date
of this chapter or any amendment to it and does not conform to the
requirements of this chapter regarding height, setbacks from street
or lot lines, lot coverage, etc., such structures may remain on the
property subject to the following provisions:
A.
No structure shall be enlarged or altered to create a nonconformity
or increase an existing nonconformity.
B.
Replacement of a nonconforming structure shall be done subject to
the setback and height requirements for the zoning district containing
the property, except that if the owner alleges a hardship he may petition
the Zoning Hearing Board to grant approval of replacement on the foundation
of the building to be replaced but in no case in a location more nonconforming
than the original location.
C.
The maintaining or strengthening to a safe condition of any nonconforming
structure shall not be interpreted as being prohibited by any provision
of this article.
A.
The Zoning Officer may, at the discretion of the Board of Commissioners,
identify and record all lots and uses of land and buildings in the
Township made nonconforming by adoption of this chapter and previous
versions of the Zoning Ordinance.
B.
The Zoning Officer may keep the record current as amendments to this
chapter create new nonconforming uses, and as removal of buildings
and uses eliminates nonconforming uses.
C.
The record may be kept by map or written documentation.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or structure for which
a zoning permit has been issued or the construction of which shall
have been diligently prosecuted within two months of the date of such
permit and the ground-story framework of which shall have been completed
within four months of the date of the permit and which entire building
shall be completed according to such plans as filed within one year
from the date of legal enactment of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the provisions of this article shall apply to any
nonconforming uses existing therein.
A.
No structural alterations or additions or enlargements of any nonconforming
building or structure will be permitted which would violate the size,
front, side or rear setback lines or building coverage of the zone
in which the building or structure is located, provided that where
there is a nonconforming structure as to side, front or rear yard
setback line, an addition may be built on the line with the existing
side, front or rear nonconforming building line, respectfully, except
that a violation of the setback line not previously violated shall
not be permitted.
B.
No nonconforming building or structure shall be moved in whole or
part to another location on the lot unless every portion of said building
or structure is made to conform to all of the regulations of the district
in which it is located.
Nothing in this chapter shall prevent the reconstruction, repairing,
rebuilding and continued use of any nonconforming building or structure
which is damaged or destroyed by fire, collapse, explosion or act
of God subsequent to the date of adoption of this chapter wherein
the expense of such work does not exceed the fair market value of
the building or structure at the time such damage occurred and reconstruction
of the destroyed or damaged building is initiated within one year
of the date of damage, provided that the reconstructed building is
located on the existing foundation of the original building and the
cubic content of the reconstructed building does not exceed the cubic
content of the original building, unless authorized by the Zoning
Hearing Board.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the illegal use of a structure
or premises in violation of Township regulations in existence at the
time of the effective date of legal enactment of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a building or structure declared
unsafe by a proper authority.
Nonconforming signs may be repaired or reconstructed subject
to the following regulations and provided that no structural alterations
are made which increase the gross surface area of the sign.
A.
Nonconforming signs shall not be enlarged, added to or replaced by
another nonconforming sign, use or structure, except that the interchange
of the panels which display the advertising shall be permitted.
B.
A nonconforming sign which is damaged to the extent of 50% or more
of its replacement value shall not be repaired, reconstructed or moved
unless it complies with all applicable provisions of this chapter
for signs.
