Derry Township Mifflin County
City Zoning Code
City Zoning Code
ARTICLE V
Nonconformities
§ 215-112 Continuation.
Except as otherwise provided in this section, any use, building, or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
§ 215-113 Abandonment.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year or more, subsequent use of such building, structure, or land shall be in conformity with the provisions of this chapter.
§ 215-114 Extension of nonconforming use of land.
Any lawful nonconforming use of land exclusive of buildings and structures and the use contained therein, may be extended upon the lot on which it exists, provided such extension shall be limited to a distance of a total of 150 feet in any one or combination of directions from the existing nonconforming use, or to an area equal to 50% of the existing nonconforming use, whichever is the lesser. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence at the time of the adoption of this chapter. Such extension shall also conform to area and lot regulations and to the design standards of this chapter.
§ 215-115 Expansion or alteration.
A.
Any nonconforming use may be expanded or altered through the obtainment of a special exception and subject to the following criteria, and those contained in § 215-124C:
(1)
Expansion of the nonconformity shall be confined to the lot on which it was located at the time the use became nonconforming;
(2)
The total of all such expansions or alterations of use shall not exceed an additional 50% of the actual area of those buildings or structures devoted to the nonconforming use as they existed on the date of the adoption of this chapter. The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created;
(3)
Provision for vehicular access, off-street parking and off-street loading shall be consistent with standards required by this chapter;
(4)
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located;
(5)
Appearance should be harmonious with surrounding properties; this feature includes but is not limited to landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces;
(6)
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open spaces;
(7)
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities;
(8)
No expansion of a nonconforming structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in any floodplain;
(9)
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in a floodplain shall be permitted when either elevated above the base flood elevation or floodproofed. In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies; and
B.
Any dimensional nonconformity of an otherwise conforming structure may be reduced by permitted use.
§ 215-116 Substitution or replacement.
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception, if the Zoning Hearing Board determines that the proposed use is at least equally compatible with, and not detrimental to, the surrounding area as the original nonconforming use. In addition, the proposed nonconforming use shall not increase any dimensional nonconformities. The Zoning Hearing Board may attach reasonable conditions to the special exception to keep the use compatible within its surroundings.
§ 215-117 Restoration.
Any lawful nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm, or other cause may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure and such reconstructed building or structure shall not increase any dimensional nonconformities; and
B.
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
§ 215-118 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a nonconforming building, structure, sign or use of land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, said building, structure, sign, or use of land shall nonetheless be authorized to expand according to the provisions of this article in the same manner as are buildings, structures, signs, and uses made nonconforming by the adoption of this chapter.
§ 215-119 Nonconforming lots of record.
A.
In any zone in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any lot of record not meeting the minimum lot size requirement which was in existence on the effective date of this chapter, provided that all such development comply with all yard, height and building area requirements, unless a variance is granted by the Zoning Hearing Board. An undeveloped remainder of an agriculturally zoned parent tract from which all legally permitted lots have been subdivided shall not be considered a lot of record qualifying for an additional dwelling.
B.
For purposes of this section, when two or more nonconforming lots for which a subdivision plan has been recorded are contiguous and are in single ownership as of the effective date of this chapter, they become held in common as one parcel and require a variance from the Zoning Hearing Board to re-subdivide the parcel. This shall apply regardless of the number of deeds held by the owner, up to the number required to make the lot conforming. Nonconforming contiguous lots under single ownership as of the effective date of this chapter which are thereafter sold shall not qualify for dwellings, unless they can be made conforming. The foregoing recombination requirement may be waived at the discretion of the Board of Supervisors based on the submittal of evidence documenting substantial investment in the property in the way of perc and/or well drilling or testing or other improvements other than normal subdivision costs.