Conestoga Township City Zoning Code
ARTICLE III
Conformity and Nonconformity Regulations
§ 320-9 Purpose.
It is the intent of this article to allow, with conditions, the continuance of legally existing uses of land and structures that, as of the effective date of this chapter, do not meet the bulk, use, or other standards established by this chapter.
§ 320-10 Abandonment of structures or uses.
A.
Reestablishment of nonconforming uses. Except as provided below, no nonconforming use or structure shall be reestablished after it has been intentionally discontinued, inoperative, vacated, or abandoned, except in conformity with the provisions of this chapter.
B.
Hazards. Certain nonconforming uses that are deemed to be hazardous to the public health or welfare may be required by the Board of Supervisors to be removed within a reasonable time, when allowed by applicable laws.
C.
Nonconforming use of open land. All nonconforming signs, billboards, junkyards, storage areas, and other nonconforming uses of open land, when discontinued for a period of one year or damaged of deteriorated to an extent of 60% of replacement costs, shall not be continued, repaired, or reconstructed, except in compliance with this chapter.
§ 320-11 Continuance of nonconforming uses of land, structures, or lots.
Except as otherwise provided in this article, any use of land, structure, or lot which lawfully existed at the time of enactment of this chapter may be continued, even though the use, structure or lot does not conform with the provisions of this chapter.
§ 320-12 Expansion of nonconforming uses of land, structures, or lots.
A.
Limited expansions allowed by right. Any lawful nonconforming use of land or structures, and any use contained therein, may be expanded or extended upon the same lot on which it existed at the time of the effective date of this chapter, subject to the following limitations:
(1)
A nonconforming use of open land shall be extended not more than 100 feet in any direction on the same lot from the existing nonconforming use, or expanded to an area equal to not more than 25% of the existing nonconforming use, whichever is the lesser.
(2)
A building may be expanded to an area not to exceed 50% of the previous usable floor area devoted to the nonconforming use of the building.
(3)
All expansions or extensions of nonconforming uses or structures shall abut existing current nonconforming uses or structures.
(4)
Yard setback, building height, and parking regulations for the zoning district in which the nonconformity is located shall be complied with.
(5)
No expansion shall occupy a floodplain, except in conformance with this chapter.
(6)
The expansion shall not create any new nonconformities, except when authorized by this chapter.
(7)
Any expansion permitted by this section shall not occur on another lot which does not already not contain the same nonconformity.
(8)
Any nonconformity that is expanded to the limits established above shall occur not more than once.
§ 320-13 Restoration of damaged nonconforming uses.
A nonconforming use that is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage occurred, provided the reconstructed structure is not larger than the damaged structure or results in new nonconformities, and provided that a good-faith effort is made to commence reconstruction within one year after the initial damage, and is completed not more than one year later.
§ 320-14 Substitution with another nonconforming use.
The Zoning Hearing Board may allow a nonconforming use or structure to be substituted with another nonconforming use or structure, subject to the provisions of § 320-133 of this chapter.
§ 320-15 Nonconforming lots of record.
A.
Certain preexisting lots permitted to be used. In any zoning district, a conforming building (including accessory buildings) may be constructed for a conforming use on any single and separate lot of record as described and recorded in the County Office of Recorder of Deeds, if the lot was in existence prior to the effective date of adoption or amendment of this chapter that made such lot nonconforming, even though the lot fails to meet the requirements for minimum area or width that are applicable to the zoning district, provided that:
§ 320-16 Lot size reductions prohibited.
No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per dwelling unit, lot width, or other requirements of this chapter are not maintained.
§ 320-17 Effects of zoning district changes.
Whenever the boundaries of a district are changed so as to transfer an area from one zoning district to another district, the regulations pertaining to each district as amended shall apply to all existing nonconforming uses or structures contained within the district.
§ 320-18 Registration of nonconforming lots, structures and uses.
A.
Upon order by the Supervisors. Upon order of the Board of Supervisors, the Zoning Officer shall prepare a list of nonconforming lots, structures and uses, and shall revise it as necessary.
B.
By request of the owner. The owner or tenant of a use, structure or lot which becomes nonconforming due to the adoption of this chapter, but which is otherwise lawful, may request that the Zoning Officer register the nonconforming use. This registration shall state the nature of the nonconformity and specify the extent to which the nonconformity may be continued, as determined by the Zoning Officer.