Dickinson Township Cumberland County, PA Zoning Ordinance

Dickinson Township Cumberland County
City Zoning Code

ARTICLE VI

Nonconformities

§ 205-141 Nonconforming uses and structures.

A nonconforming use is any use, whether of land or of structure, or both, which does not comply with the applicable use provisions in this chapter or subsequent amendments, where such use was lawfully in existence prior to the enactment of this chapter or subsequent amendments.

A nonconforming structure is any structure or part of a structure manifestly not designed to comply with the applicable use provisions of this chapter or subsequent amendment, where such structure lawfully existed prior to the enactment of this chapter or subsequent amendments.

Any such nonconforming use or structure may, subject to the standards of § 205-145 of this article, be enlarged, altered, extended, reconstructed, or restored after the effective date of this chapter to no more than an additional 25% of the area which was in nonconformance upon the adoption of this chapter.

§ 205-142 Continuation of nonconforming uses and structures.

Any nonconforming use or structure may be continued indefinitely, provided such use or structure:

(1)

Shall not be moved to another location where such use or structure would be nonconforming.

(2)

Shall not be changed to another nonconforming use or structure without approval by the Zoning Hearing Board and then only to a use or structure which, in the opinion of the Zoning Hearing Board is of the same or of a more restricted nature in accordance with § 205-145 of this article.

(3)

Shall not be reestablished if such use or structure has been discontinued for any reason for a period of 12 months or more, or has been changed to, or replaced by, a conforming use or structure. Intent to resume a nonconforming use shall not confer the right to do so.

(4)

Shall not be restored for other than a conforming use after damage from any cause, unless the nonconforming use or structure is reinstated within 12 months of such damage; if the restoration of such structure is not completed within the said twelve-month period, the nonconforming use of such structure shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such structure.

§ 205-143 Repairs and maintenance.

Notwithstanding any of the above regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any nonconforming use or structure, or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Township shall state the precise reason such alterations were deemed necessary.

Any nonconformity which is partially or totally destroyed by fire, explosion, flood or other phenomenon may be reconstructed, repaired and used for the same nonconforming use, or any permitted use under the zone, provided that the reconstruction shall commence within 18 months from the date the nonconformity was destroyed. Date of commencement shall be the date when final plans are submitted to the Township for approval.

§ 205-144 Registration of nonconforming uses and structures.

All lawful uses and structures existing at the effective date of this chapter which do not conform to the requirements set forth in this chapter, or any amendments thereto, may be identified and registered by the Zoning Officer. Failure or neglect of the Zoning Officer to identify or register uses or structures which are nonconforming as defined in this chapter or subsequent amendments does not exempt such use or structures from the applications of this chapter.

§ 205-145 Expansion and change of nonconforming uses and structures.

Procedure. Any nonconforming use or structure or combination thereof may be expanded or changed only upon approval of the Zoning Hearing Board after a special exception hearing as defined elsewhere in this chapter.

Standards. Each application for an expansion or change of a nonconforming use shall be subject to the following standards:

(1)

It shall be the responsibility of the applicant to sufficiently document to the Zoning Hearing Board that the proposed expansion or change will not be contrary to the purposes of this chapter and the public health, safety, and welfare of township residents in general and of the residents of the immediate area, in particular: i) that such expansion or change does not exceed the 25% maximum increase as set forth in § 205-141C, and ii) that such expansion or change shall comply with the applicable yard and setback requirements of the district where located.

(2)

Any person seeking permission to change a nonconforming use or structure to any other nonconforming use or structure shall sufficiently document to the Zoning Hearing Board that such new nonconforming use or structure is more in compliance with the applicable provisions of this chapter than the present nonconforming use or structure.

(3)

The Zoning Hearing Board may attach additional provisions to the granting of a special exception to expand or change a nonconforming use or structure for the purpose of promoting the objectives and intent of this chapter.

(4)

The expansion of a nonconforming use or structure shall comply with the applicable yard requirements of the district where located.

§ 205-146 Nonconforming lots.

A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total lot area or lot width less than prescribed in this chapter, provided that the lot was and still is in single ownership, and no opportunity is present to consolidate two or more contiguous lots into a lot conforming to the district requirement, may be used provided such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and yards. Existing small lots meeting the above stipulations shall comply with the following permitted building setback reductions: i) Side yards may be proportionately reduced based upon the percentage that the existing small lot is not in compliance, but in no event shall the side yard be less than 10 feet (for example, if the existing small lot is 25% less than the minimum lot size requirement, the side yard may be reduced by 25%, front yard relief shall comply with the average setback of the two existing principal buildings with the greatest setbacks located within 100 feet on each side of the proposed building, provided, however that in no event shall the front yard be less than 15 feet; and ii) rear yards may be proportionately reduced in the same manner as the foregoing, but in no event shall the rear yard be less than 15 feet.