East Coventry Township
City Zoning Code
City Zoning Code
PART 19
NONCONFORMING USES, STRUCTURES AND BUILDINGS
§ 27-1901 Nonconforming Use.
[Ord. 147, 8/11/2008, § 1900; as amended by Ord. 166, 4/12/2010, § I]
1.
A nonconforming use shall have the same meaning as defined under § 27-202 of this chapter.
A.
Continuation. Any lawful nonconforming use of land, buildings, or structures, or parts thereof, may continue as it existed prior to the effective date of this chapter or the amendment thereto by which such use became a nonconforming use, provided, however, that any such use shall otherwise be and remain in compliance with any other applicable laws and regulations.
B.
Discontinuance. Whenever a nonconforming use, in or on the land, or within a building or structure or portion thereof, has been discontinued for a continuous period of more than one year, such discontinuance shall be deemed to be an abandonment of such nonconforming use and any subsequent use thereof shall conform to the applicable provisions of this chapter or its amendments and the prior nonconforming use shall not thereafter be resumed, unless in accordance with the applicable provisions of this chapter or its amendments.
C.
Change of Nonconforming Use to Conforming. Whenever any nonconforming use shall have been changed or altered so as to conform to the provisions of this chapter or its amendments, then such nonconforming use shall no longer be nonconforming to the extent to which it then conforms to this chapter or its amendments, and the prior nonconforming use shall not thereafter be resumed. Provided, however, that if a later amendment to this chapter should make the use as so changed or altered nonconforming with its provisions, then such use as changed or altered shall become a new nonconforming use to the extent of such nonconformance or noncompliance.
D.
Expansion or Extension of Nonconforming Nonresidential Use by Variance.
(1)
No nonconforming nonresidential use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming nonresidential use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming. Any person desiring to make any such change or alteration of a nonconforming nonresidential use shall apply for a variance from the provisions of this chapter in accordance with applicable laws and ordinances and any such change or alteration in use shall be made only after authorization by the Zoning Hearing Board and in accordance with such reasonable conditions and safeguards as may be imposed by the Zoning Hearing Board. Provided that no variance may be applied for or obtained under this section which would displace any residential use if the building, structure or lot is located in a residential district.
(2)
A variance may not be granted under this section which would extend a nonconforming nonresidential use beyond the area of a lot which was in existence at the time such use became nonconforming. However, a variance may be granted to increase the area of a lot covered by such nonconforming nonresidential use if the Zoning Hearing Board shall make a finding that such expansion was within the contemplation of the owner of the lot at the time the use became nonconforming, in addition to the other findings necessary for the granting of a variance. Such expansion or extension shall not exceed 50% of the original building footprint occupied by the nonconforming nonresidential use.
E.
Expansion or Extension of Nonconforming Residential Use. Except as otherwise provided in this section, a nonconforming residential use may be enlarged, increased and/or extended in order to occupy a greater area of land than was occupied by such use on the effective date of this section or on the effective date of a subsequent amendment hereto, provided that the area of land occupied by such expansion, increase and/or extension shall not exceed 50% of the original building footprint occupied by the nonconforming residential use on the effective date of this section or the effective date of a subsequent amendment hereto. For purposes of the foregoing, the effective date of this section shall apply where the nonconforming residential use existed as a lawful nonconforming residential use on such date and the effective date of a subsequent amendment to this section shall apply where the nonconforming residential use first became a lawful nonconforming residential use as a result of the enactment of the amendment.
§ 27-1902 Nonconforming Structure or Building.
[Ord. 147, 8/11/2008, § 1901; as amended by Ord. 166, 4/12/2010, §§ II, III]
1.
A nonconforming structure or building shall have the same meaning as defined under § 27-202 of this chapter, provided that, for the purposes of this section, a nonconforming structure or building shall not include a nonconforming sign which is specifically governed under § 27-1903 of this chapter.
A.
Continuation. Any lawful nonconforming building or structure may remain as it existed prior to the effective date of this chapter or any amendment thereto by which such building or structure became nonconforming, provided, however, that any such building or structure shall otherwise be and remain in compliance with any other applicable laws or regulations.
B.
Nonconforming Building or Structure Changed to Become Conforming. Whenever any nonconforming building or structure shall have been changed or altered to conform to the provisions of this chapter or its amendments in effect at the time of such change or alteration, or whenever any amendment to this chapter shall make such building or structure conforming with the provisions of this chapter or its amendments, then thereafter such building shall remain in conformance with the applicable provisions of this chapter or its amendments. Provided, however, that if a later amendment to this chapter should make the building or structure, as so changed or altered, nonconforming with its provisions, then the building or structure as so changed and altered will become a nonconforming building or structure to the extent of such nonconformance or noncompliance.
C.
Expansion or Extension of Nonconforming Nonresidential Buildings or Structures by Variance. Where a nonresidential building or structure is nonconforming, the nonconformity may not be expanded, extended or increased in size in any manner except pursuant to authorization for a variance obtained from the Zoning Hearing Board, provided that:
[Amended by Ord. 209, 12/12/2016]
(1)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use(s) became nonconforming; and
(2)
Such nonconforming use, or the building or structure in which it is conducted, shall not be enlarged more than 50% greater than the original building footprint occupied by such use at the time said use became nonconforming under the provisions of this chapter or any amendments thereto.
D.
Repairs, Renovation and Modernization of Nonconforming Building and Structure. Repairs, renovation and modernization of nonconforming buildings or structures such as renewal or replacement of outer surfaces, or windows, or addition of soundproofing or fire proofing materials, air conditioning and repair or replacement of structural parts or members of the building or structure, shall be permitted notwithstanding other provisions of this chapter. Provided, that such repairs, renovations or modernization do not change or alter substantially the physical configuration of the nonconforming building or structure, or change its position on the ground; and, provided further that no increase in the size of or area covered by the said nonconforming building or structure nor any extension or expansion of the nonconforming use or area of such use within the building or structure, in or on the lot, where such nonconforming use is located shall be permitted or authorized by this section. Provided further that areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation or modernization if there is not thereby an enlargement or expansion of the nonconforming use within said building or structure.
E.
Reconstruction of Nonconforming Building or Structure. In the event that any nonconforming building or structure is destroyed or partially destroyed by fire, explosion or other cause, such nonconforming building structure may be reconstructed and the nonconforming use thereof continued if such reconstruction is commenced within six months of the date of the destruction or damage thereto and is pursued diligently to completion. Provided, however, that in such reconstruction the said building or structure destroyed or damaged shall not exceed the size of the nonconforming building or structure destroyed or damaged and, shall be placed in the same location on the ground as the nonconforming building or structure destroyed or damaged and, the nonconforming use thereof shall not differ from that existing prior to such damage or destruction unless a variance is applied for and obtained under this chapter, except that the repair, renovation or modernization of such nonconforming building or structure authorized by Subsection 1D of this Part shall nevertheless be permitted. Any such reconstruction shall be subject to and in accordance with existing Building [Chapter 5, Part 1, § 5-101], Electrical [Chapter 5, Part 1, § 5-105], Fire and Plumbing [Chapter 5, Part 1, § 5-102] Codes, safety regulations or laws. If reconstruction does not commence within six months after the occurrence of the damage or destruction, or is not thereafter diligently completed, then any further use, buildings or structures on the lot shall be in conformity with the provisions of this chapter.
F.
Expansion or Extension of Nonconforming Residential Buildings or Structures.
(1)
Except as provided by Subsection 1F(2), a nonconforming residential building or structure shall not be enlarged, increased, repaired, maintained or modified in any manner which will further violate any applicable area, yard and/or height regulation imposed by this chapter.
(2)
A principal residential building or structure which is lawfully nonconforming as to a yard requirement may have repairs, improvements, modifications and/or additions made to those portions of the structure or building within an area of the required yard, as to which the structure or building is lawfully nonconforming, subject to and in accordance with all of the following:
(a)
The repair, improvement, modification, and/or addition to the nonconforming principal residential building or structure shall not cause the building or structure to be located closer to the lot line, from which the required yard is determined, than the nearest point of the building or structure as lawfully existed when the building or structure first became lawfully nonconforming as to the required yard.
(b)
The repair, improvement, modification, and/or addition to the nonconforming principal residential building or structure shall not cause an increase in the ground floor area of the building or structure of more than 40% over the ground floor area of the building or structure as lawfully existed when the building or structure first became lawfully nonconforming as to the required yard.
§ 27-1903 Nonconforming Sign.
[Ord. 147, 8/11/2008, § 1902]
A nonconforming sign shall be subject to the provisions of § 27-1314, Subsection 19, of this chapter.
§ 27-1904 Identification and Registration of Nonconforming Uses, Nonconforming Structures or Buildings, and Nonconforming Lots.
[Ord. 147, 8/11/2008, § 1903]
1.
The Zoning Officer shall identify and register nonconforming uses, nonconforming structures or buildings, and nonconforming lots, together with the reason why such uses, structures or buildings, and lots are nonconforming. Upon application, the Zoning Officer if he so determines shall issue certificates of nonconformity for such nonconforming uses, nonconforming structures or buildings, and nonconforming lots.
2.
The Zoning Officer shall establish and make available at the Township office a form which shall require such information, as the Zoning Officer may deem necessary, to identify and register nonconforming uses, nonconforming structures or buildings, and nonconforming lots.
3.
The Zoning Officer shall further establish and make available at the Township Office applications for certificates of nonconforming uses, nonconforming structures or buildings, and nonconforming lots.
§ 27-1905 Temporary Nonconforming Use.
[Ord. 147, 8/11/2008, § 1904]
A temporary nonconforming use, which will benefit the public health, safety, morals, general welfare and proper development of a zoning district in conformity with the intent and purpose of this chapter, may be permitted for a period of not more than 30 days, on the approval of the Zoning Officer, but any such use to be permitted for a longer period shall require a public hearing upon application for a special exception in accordance with other sections of this chapter, after which the Zoning Hearing Board may issue its order permitting such use for any period it may deem best, but not exceeding one year in any case.
§ 27-1906 Lots Nonconforming as to Area and Width Regulations, and Lots of Unusual Dimensions.
[Ord. 147, 8/11/2008, § 1905; as amended by Ord. 166, 4/12/2010, § IV]
1.
For any use permitted in a zoning district, a building may be erected on any lot lawfully held of record in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty providing the required yard areas for the district in which the lot is situated. This provision shall apply even though such lot fails to meet all of the lot area and lot width requirements of the district in which the lot is located. However, all setback and lot coverage requirements shall be met unless variances are authorized pursuant to §§ 27-1506 and 27-1510 of this chapter.
2.
Unless otherwise provided by the Municipalities Planning Code, where two or more contiguous developed or undeveloped lots are held in single ownership, which lots are individually not of the required minimum area or width for the district in which they are situated, such lots may be reconfigured, as a subdivision, with lot line changes in groups thereof in order to provide a greater lot area or frontage such that the original nonconformance(s) is not increased.
§ 27-1907 (Reserved) [1]
[1]
Editor’s Note: Former § 27-1907, Nonconformities in Floodplain Districts, was repealed 6/12/2017 by Ord. 214. For current provisions, see Part 21, Floodplains.
