Bern Township City Zoning Code

Within the zoning districts established by this chapter or subsequent amendments thereto, there exist or will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued, subject to certain limitations.

Nothing in this chapter shall be deemed to require a change in the plans for any building, structure or land use for which a zoning and/or building permit was issued prior to the effective date of this chapter or subsequent amendment thereto, provided that activity authorized by the zoning permit is begun, in the opinion of the permit officer, within six months of the issuance of the permit.

Any lot shown on a recorded subdivision plan on the effective date of this chapter or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for a use permitted by use regulations of that district, provided that all yard, height, coverage and open space requirements of the zoning district shall be met, further subject to Subsection B; provided, however, that when a subdivider has had an application for approval of preliminary or final subdivision plan approved prior to this effective date of this chapter, no provision in this chapter shall be applied to affect adversely the right of the subdivider to commence and complete any aspect as are established within the Pennsylvania Municipalities Planning Code, as amended.[1]

Any lot held in single and separate ownership on the effective date of this chapter or after the enactment of subsequent amendments thereto which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district, provided that all yard, height, coverage and open space requirements of the district are met; provided, however, that if two or more lots, combination of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter 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 chapter 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 chapter, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this chapter.

A nonconforming use may not be reestablished if the use is discontinued for a continuous one-year period unless the owner informs the Township of his intention not to abandon the use. Notification shall be by filing a Certificate of Intention to Continue with the Township Zoning Officer as provided for in § 184-213 of this chapter. Vacation of land or buildings or the termination of the use normally carried on upon the property shall be evidence of discontinuance.

If, after filing a Certificate of Intention to Continue, the nonconforming use is not commenced within one year from the end of the initial one-year period, the nonconforming use shall be considered abandoned and shall not be reestablished.

A nonconforming use, building or structure shall not be enlarged or increased upon land not owned, leased or under option to purchase at the time of the enactment of this chapter.

Any additional structures, uses or buildings erected or establishing connection within an existing nonconforming use shall meet all the area, yard and height regulations of the applicable zoning district.

A nonconforming use, other than a single-family residence, shall not be expanded unless such expansion has been approved as a special exception by the Zoning Hearing Board. The proposed use shall be demonstrated by the applicant to be not more detrimental to the district with respect to traffic generation and congestion, noise, illumination, electric radiation omission, smoke, dust, fumes, vapors, gases, heat, odor, glare, vibration, appearance and waste generation than the existing use on the property and shall be demonstrated to be in compliance with the performance standards in § 184-153 of this chapter. A single-family residence which is a nonconforming use shall be allowed to expand its nonconformity by expansion or construction of an accessory building as long as the proposed expansion or proposed accessory structure meets all the area, yard and height regulations of the applicable zoning district. The zoning officer for the Township shall have the authority to approve the construction of an expansion or accessory building for a single-family residence.

A nonconforming building or structure shall not be enlarged, increased, repaired, maintained or modified in any manner which will further violate any applicable area, yard and height regulations imposed by this chapter, except that a principal building which existed at the effective date of this chapter which is nonconforming as to a yard requirement may have repairs, maintenance, modifications and additions made to those portions of the building located within the required yard, provided that no repair, improvement, maintenance, modification or addition shall be made which will cause any part of the building to project into the yard further than the building did at the effective date of this chapter.

Future expansion of that portion of a nonconforming use carried on outside a building or structure shall be in accordance with all applicable area, yard and height regulations of this chapter. A nonconforming use may be expanded within a building containing that nonconforming use at the effective date of this chapter, provided that the nonconforming use shall not occupy a portion of the building containing a conforming use at the effective date of this chapter. The nonconforming use may also be expanded into a new building or extension of an existing building containing the use (except if the nonconforming use is located within a driveway or street site triangle).

Nonconforming signs shall not be expanded.

Any nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are totally destroyed by any means may be rebuilt and used for the same nonconforming use. Any subsequent building or structure shall comply with all requirements of this chapter. New construction shall begin within 18 months of the date of destruction and be carried to completion without interruption.

A nonconforming building or structure or a building or structure containing a nonconforming use of which the basic structural elements are partially destroyed, or which is partially destroyed but which has all basic elements remaining, may be reconstructed (unless the nonconforming use is located within a driveway or street sight triangle). The reconstructed portions of a building or structure shall not be more nonconforming in any respect than the portions of the building or structure which were destroyed. Reconstruction shall begin within 18 months of the date of destruction and be carried to completion without interruption.

Any nonconforming building or structure or building or structure containing a nonconforming use which is destroyed to any extent shall be inspected by the Township Zoning Officer. Any such building or structure which shall be deemed unsafe by the Zoning Officer shall be taken down and removed or made safe and secure as the Zoning Officer may deem necessary in the public interest.