Darlington Township
City Zoning Code
City Zoning Code
ARTICLE XVII
Nonconformance
§ 172-167 Purpose.
The zoning districts established by this chapter are designed to guide future use of land in the Township by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
A.
Lawful existing uses which would be prohibited or restricted under the terms of this chapter, or future amendments, and which do not conform to the character and regulations of the zoning district in which they are located, are subject to certain limitations. The regulations set forth herein are intended to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Township.
B.
Buildings or other structures which do not comply with one or more of the applicable district requirements as to use, lot width, minimum lot area and yard spaces, width of lot, coverage, or height, and signs which do not comply with requirements as to size, area, height, location, or lighting are deemed to be nonconforming.
C.
Nonconforming uses and structures will be permitted to remain; the purpose of regulating them is to restrict any further investment in uses or structures which are inappropriate to their locations.
D.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or intended use of any building for which a building permit was applied prior to the effective date or amendment of this chapter.
§ 172-168 Lots of record not meeting lot area requirements.
Nothing in the zoning district regulations shall be held to prohibit the erection of a principal building or other accessory structures located on the same lot as a principal building in a zoning district, upon a lot of record whose size is inadequate to meet the lot area regulations set for the district, provided that it has the right of direct access to a public street and its use complies with all other zoning regulations and lot area, yard and height regulations.
§ 172-169 Restoration.
A nonconforming building which has been damaged or destroyed by fire, or other cause, or a nonconforming building which has been legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
A.
The reconstructed building shall not exceed in height, area, and volume or the use of the building destroyed or condemned;
B.
Building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
C.
The reconstructed building shall not accommodate a change or expansion of use.
§ 172-170 Discontinuance of use.
If an owner of a building or land which is occupied by a nonconforming use desires to discontinue such use for an extended period of time, but intends to resume such use at a later date, he shall apply to the Township Board of Supervisors, in writing, for a certificate of continuance stating the reasons for and duration of the discontinuance and the date upon which such use will be resumed. Certificates shall be granted for periods of six months or more, and, if no certificate has been granted, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
§ 172-171 Abandonment.
Any nonconforming structure or group of structures which remain in a state of abandonment for a period of 18 months must be removed by the property owner at his own expense.
§ 172-172 Continuation of nonconforming use.
Any nonconforming use which has been carried on continuously, openly, and known to the general public in a manner which does not comply with the applicable provisions of this chapter, as hereafter amended, may be continued.
§ 172-173 Expansion of nonconforming use.
A nonconforming use may be expanded following review and approval by the Zoning Hearing Board, provided that:
A.
Any such expansion shall comply with this chapter's requirements otherwise applicable in the district in which the nonconforming use is located; and
B.
With respect to an expansion involving an addition to an existing building or structure which occupy more land area, or the construction of a new building or structure, the gross floor area of all such additions or new construction and the total land area covered by such additions shall, in the aggregate, be no more than 25% of the gross floor area and corresponding land area of the buildings and structures occupied by the nonconforming use as of June 10, 1996; and
C.
The cost of such expansion shall not exceed 50% of the assessed value of the land and improvements occupied by the nonconforming use as of June 10, 1996.