East Earl Township City Zoning Code
ARTICLE XX
Nonconforming Uses, Buildings, Structures, and Lots
§ 450-150 General.
From the effective date of this Zoning Ordinance, a nonconforming use, building or structure may be continued, maintained, and repaired except as otherwise provided for in this Zoning Ordinance.
§ 450-151 Nonconforming uses of buildings and land.
A.
Alteration, extension, and expansion of nonconforming uses. A nonconforming use shall not be altered, extended, or expanded unless an appeal has been filed with the Zoning Hearing Board and approved as a special exception. The Board shall apply the following criteria:
(1)
Such alteration, extension, or expansion of a nonconforming use shall be permitted only upon the same lot as in existence at the date the use became nonconforming.
(2)
Such alteration, extension, or expansion of a nonconforming use shall comply with all provisions of this Zoning Ordinance with respect to height, area, width, yard, and coverage requirements.
(3)
The proposed expansion of the nonconforming use shall not exceed 50% of the square foot area of the usable floor space of any building or any unenclosed area or 50% of the cubic footage of any building or any unenclosed area in use at the time the lot, building, or use became nonconforming.
(4)
The expansion of a nonconforming use of open land shall be limited to a distance of 250 feet in any direction from the existing nonconforming use or to an area equal to 100% of the existing nonconforming use, whichever is the lesser.
(5)
The expansion of a nonconforming use shall be limited to the lot limits which existed for the property in question at the time that the use became nonconforming.
(6)
The proposed expansion of a nonconforming use shall not cause an increased detrimental effect on surrounding properties.
B.
Continuance of a nonconforming use. The lawful use of any building, structure or land existing at the effective date of this Zoning Ordinance may be continued, although such use does not conform with the provisions of the Zoning Ordinance except as otherwise provided in this article. To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Ordinance and on which actual building construction has been diligently carried on. No nonconforming use may be reestablished after it has been discontinued for 12 months. Vacation of land or buildings or the nonoperative status of the use normally carried on upon the property shall be evidence of discontinuance.
C.
Substitution of nonconforming use. No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board grants a special exception. In granting such a special exception, the applicant shall demonstrate the following:
(1)
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located.
(2)
The proposed substitution will be less objectionable in external effects than the existing nonconforming uses with respect to:
(3)
The proposed use shall not have longer hours of operation than the existing nonconforming use.
(4)
The proposed use shall be permitted in a zoning district in which the existing nonconforming use would be permitted or in a more restrictive zoning district.
(5)
The proposed use cannot increase the number of existing nonconforming uses.
(6)
The proposed substitution does not increase any dimensional nonconformities.
(7)
The proposed substitution shall comply with all off-street parking design and performance requirements.
D.
Displacement. No nonconforming use shall be enlarged or extended to displace a conforming use.
E.
A certificate of use and occupancy for changing or extending a nonconforming use, existing at the time of the passage of this chapter or of an amendment thereto, shall be applied for and issued before any such nonconforming use shall be changed or extended. Such certificate shall be issued within 15 days after a final inspection and approval by the Zoning Officer.
§ 450-152 Nonconforming buildings and structures.
A.
Continuation. Any lawful nonconforming building or structure may remain as it existed prior to the effective date of this Zoning Ordinance 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 Zoning Ordinance or its amendments in effect at the time of such change or alteration, or whenever any amendment to this Zoning Ordinance shall make such building or structure conforming with the provisions of this Zoning Ordinance or its amendments, then thereafter such building shall remain in conformance with the applicable provisions of this Zoning Ordinance or its amendments.
C.
Repairs, renovation, and modernization of nonconforming buildings and structures. Repairs, renovation, and modernization of nonconforming buildings or structures such as renewal or replacement of outer surfaces or windows, or addition of soundproofing or fireproofing 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 Zoning Ordinance. Such repairs, renovations or modernization shall not change or alter substantially the physical configuration of the nonconforming building or structure or change its position on the ground, provided 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. Areas of nonconforming use within a building or structure may be rearranged in connection with such repairs, renovation or modernization if there is not an enlargement or expansion of the nonconforming use within said building or structure.
D.
Rebuilding of a nonconforming building when the building is destroyed. A nonconforming building may be rebuilt if said building is damaged or destroyed by any means, provided that a zoning permit is obtained and the reconstruction is diligently initiated within one year. However, the new building shall conform as closely as is possible with the provisions of this Zoning Ordinance and the nonconformity of the new building with respect to height, area, and yard requirements as established by other provisions of this Zoning Ordinance shall not exceed that of the original building.
§ 450-153 Nonconforming lots.
Any lot held in single and separate ownership at the effective date of this chapter which does not conform to one or more of the applicable area regulations in the district in which it is located shall be considered nonconforming. Any development on a nonconforming lot shall comply with the following provisions:
§ 450-154 Increase of nonconformity.
A nonconforming building or structure may not be enlarged or altered in a way which increases its nonconformity with respect to height, area, and yard requirements as established by other provisions of this Zoning Ordinance with the exception of the following:
A.
Expansion of dimensionally nonconforming residential and agricultural buildings and structures, front yard. A building or structure which is located within the required front yard setback area of the district in which it is located is permitted to expand, provided that the expanded part of the building or structure will not extend nearer to the street than that part of the existing building or structure which is nearest to the street, the minimum side yard and rear yard setbacks areas of the district are complied with, there is no driveway access between the front of the proposed addition and the abutting street, and the use of the building or structure is a permitted use in the district in which it is located.
B.
Expansion of dimensionally nonconforming residential and agricultural buildings and structures, side yard. A building or structure which is located within the required side yard setback area of the district in which it is located is permitted to expand, provided that the expanded part of the building or structure is limited to one story and having a maximum height of 16 feet, the square footage of said expansion shall be no greater than 25% of the first floor area of said original building or structure, said expansion shall not extend nearer to the side yard property line, and the required rear yard setback shall be maintained.
§ 450-155 Nonconforming signs.
Signs in existence at the effective date of this chapter or amendments thereto, may be continued subject to the regulations contained in § 450-134 herein.
§ 450-156 Unsafe or unlawful structures or buildings.
If a nonconforming structure or building, or portions thereof, containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, such structure or building shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zoning district in which it is located, and with any building or construction ordinance in effect in the Township.
§ 450-157 District change.
Whenever the boundaries of a district shall be changed so as to transfer a structure, building, or lot from one district to another district of a different classification creating a nonconforming use, the foregoing provisions shall apply to it and to any other nonconforming uses or structures existing therein.
§ 450-158 Registration of nonconforming uses and structures.
To facilitate the administration of this Zoning Ordinance, the Zoning Officer may prepare and maintain an accurate listing of uses and structures in all districts not permitted by right in that district, and for which no special exception or variance has been issued, and which does not otherwise comply with all sections of this Zoning Ordinance. Such a listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of said use and the limitations therein expressed and implied to any transferee acquiring any right to use or own such property.
§ 450-159 Certificate of nonconformance.
A certificate of nonconformance may be issued by the Zoning Officer to the owner of any property which, at the time of the effective date of this chapter, is identified as containing a nonconforming use or structure. The owner's property and the issuance date of such certificate shall be registered in the records of the Township as follows:
A.
The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property.
B.
A copy of the certificate of nonconformance shall be retained and filed by the Zoning Officer.
C.
The certificate shall be for the purposes of insuring the owner the right to continue a nonconforming use in accordance with the regulations of this chapter.