Douglass Township City Zoning Code
ARTICLE XXVI
Nonconforming Uses, Structures, Lots and Signs
§ 265-234 Applicability; definitions.
The regulations of this chapter shall apply to nonconforming uses, nonconforming structures, nonconforming lots, and nonconforming signs, as those terms are defined in Article II of this chapter.
§ 265-235 Standards.
Any lawful building or other structure, or any lawful use of a building, land or sign legally existing at the time of adoption of this chapter, or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter.
§ 265-236 Nonconforming use.
A.
Expansion. The nonconforming use of a building or of a lot shall not be expanded so as to use other portions of the building or lot and a nonconforming building housing a nonconforming or permitted use shall not be expanded or structurally-altered, except insofar as is permitted by law to assure the structural safety of the building; unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the expansion of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception, provided that:
(1)
It is clear that such expansion is not materially detrimental to the character of the surrounding area or to the interest of the municipality.
(2)
The area devoted to the nonconforming use shall not be increased more than once during the life of the use. In addition, the area devoted to the nonconforming use shall not be increased more than 50% above its original size.
(3)
Any expansion of the building or of a lot having a nonconforming use shall conform to all applicable area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the district or districts.
(4)
Any expansion of a nonconforming use must meet the off-street parking and buffering requirements of this chapter.
B.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other things: potential traffic generation; nuisance characteristics such as emission of noise, dust, odor, glare and smoke, fire hazards, and hours and manner of operation.
(2)
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
C.
Restoration. A structure containing a nonconforming use involuntarily destroyed by fire, explosion, flood or other phenomena, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned and shall be completed within one year of the date commenced.
(2)
The reconstructed structure shall not exceed the area and bulk of the damaged or destroyed structure, except as provided by § 265-237A(1), above.
D.
Discontinuance or abandonment. If a nonconforming use of a structure or land is razed or removed or discontinued or abandoned for 12 or more consecutive months, subsequent use of such structure or land shall conform with the regulations of the district in which it is located. However, the same nonconforming use shall be allowed, provided the request for the nonconforming use is filed within the twelve-month period and thereafter approved by the Zoning Hearing Board and the permit application for such approved nonconforming use is filed within 30 days after the decision of the Zoning Hearing Board.
§ 265-237 Nonconforming structure.
A.
Alteration, renovation, or enlargement.
(1)
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or of the structure as it existed on the date when the structure became nonconforming. Such alteration, renovation or shall not increase any existing nonconformity. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration or renovation shall also meet the requirements of § 265-237A of this chapter. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation shall also meet the requirements of § 265-239C of this chapter.
(2)
Any structural alteration of or addition to existing buildings shall conform with all area and bulk regulations including minimum area, height, width, yard and coverage requirements for the district in which it is located as well as building code regulations currently in effect.
(3)
A nonconforming structure may be enlarged with special exception approval by the Zoning Hearing Board.
B.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other active cause may be reconstructed in the same location provided that:
§ 265-238 Nonconforming lot.
A.
A building may be constructed on a nonconforming lot of record in existence at the effective date of this chapter under all of the following circumstances:
(1)
An owner of two or more contiguous nonconforming lots which, if combined, would create a lot of conforming size, shall be required to combine such lots prior to the issuance of a building permit.
(2)
A building may be constructed on a lot which is nonconforming solely in respect to lot area requirements, when authorized by the Zoning Officer.
(3)
Where the side, rear or front yard setbacks cannot be met, a special exception to construct a building on a nonconforming lot may be authorized by the Zoning Hearing Board. Special exception approval is not needed if the setback requirements of the R-1 are met.
B.
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than herein prescribed.
C.
An existing structure located on a lot nonconforming as to area may be used for the use permitted in the district in which it is located, provided the structure complies within all bulk requirements of that district, if a nonconforming structure is located on a nonconforming lot, such structure may be used for a use permitted in the district in which it is located when it is determined by the Zoning Officer, or by the Zoning Hearing Board on appeal, that the proposed use is not injurious to health, safety, morals, and general welfare of the Township in general and the surrounding property owners in particular.
§ 265-239 Nonconforming signs.
A.
Signs legally in existence at the time of the adoption of this chapter, which do not conform to the requirements of this chapter, shall be considered nonconforming signs.
B.
All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs:
(1)
The sign is removed, relocated, or significantly altered. Significant alterations include changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.
(2)
If more than 50% of the sign area is damaged, it shall be repaired to conform to this chapter.
(3)
An alteration in the structure of a sign support.
(4)
A change in the mechanical facilities or type of illumination.
(5)
A change in the material of the sign face.
(6)
The property on which the nonconforming sign is located submits a subdivision or land development application requiring municipal review and approval.
(7)
The property on which the nonconforming sign is located undergoes a change of land use requiring the issuance of either a use and occupancy permit or a change of use and occupancy permit by Douglass Township.
C.
To determine the legal status of existing signs, in each of the cases listed in § 265-223B, the applicant shall submit the following information to the Douglass Township Zoning Officer:
(1)
Type(s) of existing sign(s) located on the property.
(2)
The area and height of all signs.
(3)
For freestanding signs, the distance between the curbline or shoulder and the nearest portion of the sign.
(4)
Type of sign illumination.
(5)
The material of which the sign is constructed.
(6)
The building frontage.
(7)
If off-premises sign, the applicant shall also submit the plan requirements listed in § 265-212N.
D.
Prior to the events listed in § 265-223B, nonconforming signs may be repainted or repaired up to 50% of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that these actions do not increase the dimensions of the existing sign, and do not in any way increase the extent of the sign's nonconformity.
E.
Nonconforming signs shall be exempt from the provisions of § 265-223B, under the following conditions:
(1)
The nonconforming sign possesses documented historic value.
(2)
The nonconforming sign is of a unique nature or type by virtue of its architectural value or design, as determined by the National Park Service, Pennsylvania Historical and Museum Commission, or local historical commission.
(3)
When a nonconforming sign is required to be moved because of public right-of-way improvements.
F.
All nonconforming temporary signs, portable signs, and banners must be permanently removed within 90 days of the effective.
§ 265-240 Signs on premises of legally nonconforming uses.
A.
Signs on the premises of legally nonconforming uses (such as an office in a residential area) may remain until the existing use of the premises is discontinued.
B.
If a sign wears out or is damaged (including rust, faded colors, discoloration, holes, or missing parts or informational items), or is changed for any other reason, the number, size, and area of all signs relating to the premises shall not be increased beyond the characteristics of the sign or signs that existed on that property at the time this chapter was adopted.