East Donegal Township
City Zoning Code

No nonconforming lot, building, structure or use, except for an agricultural or horticultural lot, building, structure or use, may be re-established after it has been discontinued for a period of one year. Vacating the lot, building, structure or use, or non-operative status of such lot, building, structure or use for a period exceeding one year shall be conclusive evidence of a discontinued use.

(Code 1993, ch. 27, § 401; Ord. No. 2001-1, § 401, 2-27-2001; Ord. No. 2017-5, § 401, 12-7-2017)

Except as provided in this article, any lot, building, structure or use existing as of January 8, 1975, or which became nonconforming by subsequent amendments to the zoning ordinance thereafter, may be continued although it is not in conformity with the regulations specified by this chapter absent discontinuance or abandonment of such use.

(Code 1993, ch. 27, § 402; Ord. No. 2001-1, § 402, 2-27-2001; Ord. No. 2002-5, § 4, 10-10-2002; Ord. No. 2017-5, § 402, 12-7-2017)

No expansion of a nonconforming building, structure or use shall hereafter be made unless an appeal has been filed with the zoning hearing board and such expansion has been approved by such board as a special exception, subject to the following limitations:

(1)

The expansion of a nonconforming use of open land shall be limited to a distance of 100 feet in any direction from the existing nonconforming use, or to an area equal to 25 percent of the existing nonconforming use, whichever is the lesser.

(2)

The expansion of a nonconforming use within an existing structure shall be limited to an area equal to 40 percent of the existing area of the structure being used for the nonconforming use.

(3)

The expansion of a nonconforming use within an existing structure being increased in size to allow the expansion of the nonconforming use, or the expansion of a nonconforming use into an accessory structure, shall be limited, subject to the particular yard requirements within the applicable zoning district, to an area equal to 40 percent of the existing area of the structure being used for the nonconforming use.

(4)

The expansion of a nonconforming structure shall not be permitted if the expansion increases the dimension of the nonconformity; however, an expansion of a nonconforming structure is permitted by right if such expansion does not increase the dimensional nonconformity of the existing structure and the expansion complies with all other yard, height and open space requirements of the zoning district.

(5)

The expansion or completion of an existing manufactured home park within a lot which existed as of January 8, 1975, is permitted if there has been prior construction in accordance with plans filed with and approved by the Township prior to January 8, 1975.

(6)

The expansion of a nonconforming structure or use shall be limited to the lot limits which existed for the lot in question as of January 8, 1975.

(7)

Other than as permitted in section 52-86(b), any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in the floodplain district shall be accomplished in accordance with chapter 14 of this Code of Ordinances.

(8)

Expansion of a use specifically prohibited by this chapter shall not be permitted.

(Code 1993, ch. 27, § 403; Ord. No. 2001-1, § 403, 2-27-2001; Ord. No. 2017-5, § 403, 12-7-2017)

(a)

A nonconforming structure which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage, provided the restored structure shall not be larger than the damaged structure and that the restoration shall start within one year from the time of damage to the structure.

(b)

A structure designated as a historic resource which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use and to the same historic construction standards as before the damage, provided the restored structure shall not be larger than the damaged structure and that the restoration shall start within one year from the time of damage to the structure.

(Code 1993, ch. 27, § 404; Ord. No. 2001-1, § 404, 2-27-2001)

(a)

No nonconforming use or structure may be changed to any other nonconforming use or structure unless the zoning hearing board shall, in granting a special exception, find that the proposed nonconforming use or structure is not more detrimental to the zoning district than the existing nonconforming use or structure. The zoning hearing board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception.

(b)

If a nonconforming use or structure is proposed to be eliminated and a conforming use or structure substituted but certain land regulations cannot be met (such as area, yard, etc.), the zoning hearing board, with such appropriate conditions and safeguards as the board may see fit, may grant a variance to permit such conforming use or structure.

(Code 1993, ch. 27, § 405; Ord. No. 2001-1, § 405, 2-27-2001)

All nonconforming signs, billboards, junk areas, storage areas and other nonconforming uses of open land, when discontinued for a period of 90 days or damaged or deteriorated to an extent of 60 percent or more of replacement costs, shall not be continued, repaired or reconstructed. The residuum shall be removed within 90 days.

(Code 1993, ch. 27, § 406; Ord. No. 2001-1, § 406, 2-27-2001)

(a)

Lot area exceptions. A nonconforming lot may be used for any use permitted in the zoning district in which it is located; however, all yard, height and open space requirements for that district shall be met.

(b)

Prior recorded plans. If the lot sizes on those subdivision plans that were approved by the Township and recorded in the office of recorder of deeds prior to January 8, 1975, do not meet the minimum requirements of the zoning district in which the lot is located, they may be used for any use permitted in the district where they are located subject to the following requirements:

(1)

If the lot is a minimum of 90 feet wide and has a minimum area of 15,000 square feet, it may be used at the size of prior approval without any additional approval.

(2)

If the lot is less than 90 feet wide or is less than 15,000 square feet in area, the zoning hearing board may grant a variance to the required minimum lot size requirements if the zoning hearing board determines that a hardship would be created by requiring the redesign of the subdivision so that the lots would conform to minimum requirements and further that the smaller lot sizes would not be a detriment to the zoning district.

(3)

All yard, height and open space requirements in the zoning district in which the lot is located shall be met.

(c)

Lot size reductions. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per dwelling unit, lot width or other requirements of this chapter are not maintained. This shall not apply when a portion of a lot is acquired for a public purpose.

(Code 1993, ch. 27, § 407; Ord. No. 2001-1, § 407, 2-27-2001)

Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein or created thereby.

(Code 1993, ch. 27, § 408; Ord. No. 2001-1, § 408, 2-27-2001)

The zoning officer shall issue a certificate of nonconformity for such lot, building, structure and/or use upon request and after being provided with credible evidence of such legally established nonconformity.

(Code 1993, ch. 27, § 409; Ord. No. 2017-5, § 409, 12-7-2017)

The burden of proof of establishing a legal nonconforming lot, building, structure and/or use, is the sole responsibility of the party asserting such nonconformity. Any existing use which was not lawfully established shall not have any right to continue as a nonconforming lot, use, building and/or structure.

(Code 1993, ch. 27, § 410; Ord. No. 2001-1, § 409, 2-27-2001; Ord. No. 2017-5, § 410, 12-7-2017)