Bristol Township City Zoning Code
ARTICLE XXVIII
Nonconformities
§ 205-144 Continuance; maintenance of register of nonconforming uses.
The existing lawful use of land and/or structures which, at the time of passage of this chapter, does not conform with the regulations of the district in which it is located should have such use considered as a nonconformity. This nonconformity may continue on such land, but shall be subject to the regulations covering nonconformities. The Zoning Officer shall identify and maintain a register of nonconforming uses, structures, and lots as they are brought before Council and the Zoning Officer.
§ 205-145 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or a part of a structure that does not comply with the applicable use or extent of use provisions or with the area, setback, yard, building height, location, size, impervious surface, or other dimensional requirements of the Zoning Ordinance or amendments heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or structure, that does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
§ 205-146 Continuation.
The lawful use of a building or structure, or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, although such use or structure does not conform to the provisions of this chapter or subsequent amendments.
§ 205-147 Extensions and alterations.
A.
Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used for a nonconforming use, such alteration, extension or endangerment shall also meet the requirements of Subsection C of this section.
B.
Nonconforming lots. A building or structure may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required width or minimum area, provided that the lot is of sufficient size to assure adequate and safe facilities for the disposal of sewage and waste products, there is adequate separation between sewage and waste disposal system and all water supplies as determined by the Bucks County Department of Health. In those instances, the dimensional and use requirements of the ordinance under which the lot was created shall regulate the building on that lot.
C.
Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such alterations, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming and shall be prohibited from encroaching on another lot subsequently added to the original parcel.
(2)
Any increase in volume or area shall not exceed an aggregate of more than 50% of the volume or area existent at the date the use became nonconforming, during the life of the nonconformity, and shall require approval as a special exception under the provisions of § 205-187 (Zoning Hearing Board). Structures or land uses that have reached their maximum expansion allowance under previous ordinance are not eligible for any increase in volume or area under this chapter.
(3)
No expansion or increase shall be permitted which would not comply with the dimensional requirements of the zoning district in which the lot is located.
(4)
No nonconforming use shall be extended to displace a conforming use.
§ 205-148 Change of use.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
A.
Such change shall be permitted only by special exception by the Zoning Hearing Board, under the provisions of this chapter.
B.
The applicant shall show that a nonconforming use cannot be reasonably changed to a permitted use.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
§ 205-149 Abandonment.
A nonconforming use, when abandoned may be resumed any time within six months from such discontinued date. However, if the use is abandoned for a continuous period greater than one year, subsequent use of such structure or land shall be in conformity with the provisions of this chapter, unless the owner can demonstrate an intent to continue the use, for example, by providing listings which show an attempt to rent or sell the property.
§ 205-150 Restoration.
A nonconforming structure not containing a nonconforming use or any structure containing a nonconforming use which has been damaged or destroyed by fire, explosion, accident, or calamity, or legally condemned (as contrasted to deterioration due to time or neglect) may be reconstructed and used for a nonconforming use, provided that:
A.
The reconstructed building shall not exceed in height, area, and volume the building destroyed or condemned, except in conformance with § 205-147.
B.
Building reconstruction shall be started within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
§ 205-151 Nonconforming signs.
Nonconforming signs shall be regulated by § 205-168 of this chapter.
§ 205-152 Temporary nonconforming use.
A temporary nonconforming use, which will benefit the public health or welfare or promote the proper development of a district in conformity with the intent of this chapter, may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board approval may be issued for a period not exceeding one year.
§ 205-153 Ownership.
Whenever a lot is sold to a new owner, a previously lawful nonconforming use on the lot may be continued. A change in nonconformity is governed by§ 205-148.