East Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 6
Nonconformities
§ 270-6.1 Introduction.
Zoning nonconformities are existing uses, structures or lots that were legally established prior to a change in zoning provisions and which do not comply with new ordinance standards. When East Hempfield Township revises land use policies and zoning regulations in response to comprehensive planning or new zoning updates, existing uses may become nonconforming. This section provides guidance for the continuation, restoration, replacement or expansion of such nonconforming uses.
§ 270-6.2 Continuation.
Except as otherwise provided in this section, any use, building, or structure lawfully existing at the time of enactment of this chapter may be continued, although it is not in conformity with the regulations specified by this chapter.
§ 270-6.3 Abandonment.
If a nonconforming use of land or of a building or structure ceases or is discontinued for a continuous period of one year or more, such use shall be deemed abandoned and the subsequent use of such building, structure or land shall be in conformity with the provisions of this chapter.
§ 270-6.4 Expansion of dimensionally nonconforming buildings and structures.
A building or structure in existence at the time of enactment of this chapter that is nonconforming for dimensional reasons can be expanded, as long as the expansion does not increase the nonconformity and the new construction complies with the other applicable sections of this chapter.
§ 270-6.5 Nonconforming lots.
A.
A building which is nonconforming as to lot area may be expanded as long as all setback requirements are met.
B.
A lot or tract in existence at the time of the enactment of this chapter that does not meet the criteria of the ordinance is nonconforming. Nonconforming lots can be built upon as long as they meet all other ordinance requirements.
§ 270-6.6 Expansion or alteration of nonconforming use.
A.
Any nonconforming use or structure may be expanded or altered through the obtainment of a special exception.
B.
Expansion of the nonconformity shall be confined to the lot on which it was located on the effective date of this chapter, or any amendment thereto, creating the nonconformity.
C.
The total of all such expansions or alterations of use shall not exceed an additional 50% of the actual area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconforming.
D.
The applicant shall furnish conclusive evidence as to the extent of the nonconformity when it was created.
E.
The applicant shall furnish a detailed development plan for the site showing:
(1)
Extent to which a use/building/structure will be expanded;
(2)
Vehicular access, off-street parking and off-street loading consistent with standards required by this chapter;
(3)
Yards, building height and building area consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located; and
(4)
Buffers and screens, including, but not limited to, fences, walls, plantings and open spaces, to be provided as necessary to adequately protect neighboring lots.
F.
Appearance should be harmonious with surrounding lots including, but not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance of all improvements and open spaces.
G.
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
H.
No expansion of a nonconforming building or structure or a nonconforming use located outside of a structure existing on the effective date of this chapter shall be permitted in a floodplain.
I.
Excluding expansion, any modification, alteration, repair, reconstruction or improvement of any kind to a nonconforming use or structure located in a floodplain shall be permitted when either elevated above the base flood elevation or flood-proofed.
J.
In no case shall any modification, alteration, repair, reconstruction or improvement cause unacceptable increases in flood height, velocities or frequencies.
§ 270-6.7 Substitution or replacement.
Any nonconforming use may be replaced or substituted by another nonconforming use by special exception. In evaluating an application to replace or substitute one nonconforming use by another, the East Hempfield Township Zoning Hearing Board shall consider the following criteria for approving, denying, or approving subject to condition(s) the requested replacement or substitution:
A.
The proposed use is permitted in the zone in which the nonconforming use would be a permitted use, or in a more restrictive zone than the zone in which the nonconforming use would be a permitted use;
B.
The proposed use shall not generate more traffic than the existing nonconforming use;
C.
The proposed use, if commercial or industrial in nature, shall not have longer hours of operation than the existing nonconforming use;
D.
The proposed use shall not generate higher levels of noise, smoke, or glare off of the lot than the existing nonconforming use;
E.
The proposed use or uses cannot increase the number of existing nonconforming uses; and
F.
A conforming use cannot be established together with a substitution of nonconforming uses.
§ 270-6.8 Restoration.
Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause may be reconstructed in the same location, provided that:
A.
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure, and such reconstructed building or structure shall not increase any dimensional nonconformities; and
B.
Reconstruction shall begin within one year from the date of damage or destruction, and shall be carried on without interruption.
§ 270-6.9 Previously expanded nonconforming uses and structures.
It is the express intent and purpose of this chapter that if a building, structure, sign or land was expanded or extended to the limits of expansion for a nonconforming building, structure, sign, or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign, or land shall be authorized. In the event a nonconforming building, structure, sign, or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion if permitted by this chapter shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.