Brecknock Township City Zoning Code
ARTICLE III
Nonconforming Lots, Uses and Structures
§ 110-8 Intent.
If within the districts established by this chapter or subsequent amendments there exist certain nonconformities which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or amendment thereto, it is the intent of this chapter to permit these nonconformities to continue until they are removed or discontinued, but not to encourage their survival.
§ 110-9 Nonconforming lots of record.
In any district in which single-family detached dwellings are permitted, one single-family detached dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in single and separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the minimum lot area, width or depth requirements that are generally applicable in the district, provided that yard, height and all other requirements other than lot area, width or depth requirements shall conform to the regulations for the district in which the lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Hearing Board.
§ 110-10 Nonconforming uses and structures.
Nonconforming uses and structures may continue to exist subject to the following limitations:
A.
A single-family detached dwelling which is a nonconforming use or structure (other than a dimensionally nonconforming structure) may be permitted to expand by right, provided that all yard and coverage requirements of the district in which the single-family detached dwelling is located are met or that the expanded part of the structure will not extend nearer to the street than that part of the existing structure which is nearest to the street, whichever restriction is lesser.
B.
Any nonconforming use other than a single-family detached dwelling may be expanded upon the grant of a special exception by the Zoning Hearing Board subject to the following standards and criteria:
[Amended 9-15-1998 by Ord. No. 123]
(1)
Extension and/or expansion of a nonconforming building, or building containing a nonconforming use, may be permitted more than one time, but shall be limited to a total of 25% of the gross floor area of the building as it existed when it first became nonconforming. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
[Amended 12-14-2010 by Ord. No. 175]
(2)
A nonconforming use of land may be expanded by no more than 10% of the gross lot area at the time it became nonconforming.
[Added 12-14-2010 by Ord. No. 175[1]]
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection B(2) through B(5) as Subsection B(3) through B(6), respectively.
(3)
Any expansion of a nonconforming use or structure shall be limited to the lot of record upon which the nonconforming use or structure existed on the date the use or structure became nonconforming.
(4)
Any expansion of a nonconforming use or structure shall comply with all applicable yard, setback and lot coverage requirements.
(5)
The applicant shall furnish conclusive evidence as to the extent of the use on the date when it became nonconforming.
(6)
For the purposes of this section, the area of a nonconforming use of land shall be measured as the lesser of the area authorized to be devoted to such use by a permit issued by a regulatory agency on or before the date the use became nonconforming or the actual physical area devoted to the use, exclusive of setbacks, buffers, lanes, driveways and other such areas upon which the use is not being continuously and actively conducted.
C.
Continuity of nonconforming uses. No nonconforming use may be reestablished after it has been discontinued for 12 consecutive months. The vacating of premises or structures or the nonoperative status of such premises or structures shall be conclusive evidence of discontinued use.
D.
Substitution of nonconforming use. The Zoning Hearing Board, by special exception, may permit the substitution of another nonconforming use in accordance with the following criteria and limitations:
(1)
The proposed use shall be permitted in the district in which the nonconforming use would be a permitted use or in a more restrictive zoning district than a district in which the nonconforming use would be permitted.
(2)
The proposed use shall not generate more traffic than the existing nonconforming use.
(3)
The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use.
(4)
The proposed use shall not generate higher levels of noise, smoke or glare off the property than the existing nonconforming use.
(5)
The proposed use shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use.
E.
Substitution of a conforming use. Any use which complies with the regulations for the district in which the nonconforming use is located may be substituted for the nonconforming use. Once a conforming use is established, no nonconforming use shall be permitted in the future. If a nonconforming use is proposed to be eliminated and a conforming use substituted but certain regulations cannot be met (such as area, yard, etc.) the Zoning Hearing Board, with such appropriate conditions and safeguards as the Board may see fit, may grant a special exception to permit such conforming use.
F.
Restoration and repair.
(1)
Restoration. A nonconforming structure which is unintentionally damaged or partially destroyed may be rebuilt and occupied for the same use as before the damage, provided that:
(2)
Repair. A nonconforming structure may be repaired, provided that the repair shall not cause the structure to create further expansion in a nonconforming dimension or aspect.
G.
Dimensional nonconformity.
(1)
Applicability. A structure which is nonconforming as to setbacks or lot area may be expanded in accordance with the requirements of Subsection G(2) herein. Only structures which are used for a permitted use in the district in which the structure is located shall be permitted to expand in accordance with this section.
(2)
Expansion limitations. Structures which are dimensionally nonconforming may be expanded in accordance with the following regulations:
(a)
A structure which is located within the required front yard area of the district in which it is located is permitted to expand, provided that the expanded part of the structure will not extend nearer to the street than that part of the existing structure which is nearest to the street and that the minimum side yard and rear yard areas of the district are met.
(b)
A structure which is located within the required rear yard area of the district in which it is located is permitted to expand, provided that the expanded part of the structure will not extend nearer to the rear property line than that part of the existing structure which is nearest to the rear property line and that the minimum side yard and front yard areas of the district are met.
(c)
A structure which is located within a required side yard area of the district in which it is located is permitted to expand, provided that the expanded part of the structure will not extend nearer to the side property line than that part of the existing structure which is nearest to the side property line and that the minimum front yard, rear yard and other side yard areas of the district are met.
(3)
Restoration of dimensionally nonconforming structure. A dimensionally nonconforming structure which is unintentionally destroyed or damaged may be rebuilt and occupied in accordance with the regulations set forth in § 110-10F(1) herein.
H.
Unsafe or unlawful nonconforming structures. If a nonconforming structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not hereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
I.
Alteration within Floodplain District. Any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in the Floodplain District shall comply with the regulations of the Brecknock Township Floodplain Management Ordinance.[2]
[Amended 3-8-2016 by Ord. No. 209-2016]
§ 110-11 Uses under special exception provisions not deemed nonconforming uses.
Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district but shall without further action be considered a conforming use. Any expansion or alteration of such use shall require the granting of a special exception by the Zoning Hearing Board in accordance with § 110-63. Such special exception shall be considered in accordance with the provisions of the section which authorized such use of special exception.
§ 110-12 Previously expanded nonconforming uses and structures.
If a nonconforming structure or use was expanded to the limits of expansion for a nonconforming structure or use as authorized by a prior zoning ordinance, no further expansion of said structure or use shall be permitted. No provision of this chapter shall be construed to permit the expansion of a nonconforming use or structure in excess of the limits of expansion for a nonconforming use or structure authorized hereunder. It is the express intent and purpose of this chapter that if a use or structure was expanded pursuant to a prior zoning ordinance or regulation, any further expansion of said use or structure shall, if permitted by this chapter, only be authorized to the extent of expansion permitted under § 110-10 which has not previously been utilized.
§ 110-13 Registration of nonconforming uses and structures.
A.
All nonconforming uses and nonconforming structures in existence on the effective date of this chapter shall be registered with the Zoning Officer within 180 days from said effective date. If by amendment a use or structure which was lawfully in existence prior to the effective date of said amendment becomes by operation of that amendment a nonconforming use or structure, such nonconforming use or structure shall be registered with the Zoning Officer within 180 days from the effective date of the amendment. Registration shall be accomplished by the completion of a registration statement which shall be presented to the Zoning Officer by landowners who desire to have their use or structure classified nonconforming according to this chapter.
B.
The registration statement shall at least contain a description of the existing use and/or structure, a designation of the zoning district, names and addresses of the landowner at the time of the adoption of this chapter and at the time of registration, a deed reference to the land involved and the way in which the use or structure is nonconforming, together with all applicable dimensions. The form shall be as prescribed by the Zoning Officer. Before permitting registration of any nonconforming use or nonconforming structure, the Zoning Officer may, at his discretion, examine or cause to be examined all buildings, structures, signs or land and portions thereof for which the proposed registration has been filed.