East Rockhill Township
City Zoning Code
City Zoning Code
PART 21
NONCONFORMITIES
§ 27-2100 Definitions.
[Ord. 5/26/1987, § 1900]
A structure or lot, or part of a structure or lot which does not comply with the applicable area, dimensional, parking, buffer, environmental and all other provisions of this chapter or amendment heretofore or hereafter enacted, where such structure or lot lawfully existed prior to enactment of such ordinance or amendment. Such nonconforming structures include but are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
§ 27-2101 Registration of Nonconforming Uses, Structures and Lots.
[Ord. 5/26/1987, § 1901; as amended by Ord. 124, 7/18/1989, Art. 1]
Upon request by the Board of Supervisors or a property owner, the Zoning Officer shall identify and register a nonconforming use, structure or lot, together with the reasons why the Zoning Officer identified each as a nonconformity.
§ 27-2102 Continuation.
[Ord. 5/26/1987, § 1902]
The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of this chapter, or in the case of an amendment to this chapter then at the time of such amendment, may be continued except as hereinafter provided, although such use does not conform to the provision of this chapter or subsequent amendments.
§ 27-2103 Extension of Nonconforming Uses and Structures.
[Ord. 5/26/1987, § 1903; as amended by Ord. No. 303, 3/26/2024]
a.
A structure that does not conform with the dimensional, area, parking, buffer, environmental, or other requirements of this chapter may be expanded only if the expansion meets all the requirements of this chapter and the extent of the nonconformity is not increased. A Use B1, Single-Family Detached Dwelling, may be expanded by right along the building lines of the existing nonconformity in keeping with all applicable requirements of this chapter.
(1)
In the case of a nonconforming structure which is also used for a nonconforming use, such expansion shall also meet the requirements of Subsection (b) of this section.
b.
The physical expansion of the area in which a nonconforming use is operated is permitted by special exception; provided, that:
(1)
The proposed expansion shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to expand a nonconforming use as described in this Part shall not be construed to mean that new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2)
The proposed expansion shall conform with the setback, yard, area, dimensional, building height, parking, sign, environmental and other requirements of the district in which said expansion is located.
(3)
Any proposed increase in building or floor area to be utilized for a nonconforming use shall not exceed an aggregate of more than 50% of the existing building or existing floor area utilized for the nonconforming use, whichever is less, as measured on the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity, and in any event shall be permitted only by special exception under the provisions of this chapter. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure, which is nonconforming in terms of height, shall not be extended to increase the height.
§ 27-2104 Restoration.
[Ord. 5/26/1987, § 1904]
A nonconforming building, or any building containing a nonconforming use, wholly or partially destroyed by fire, explosion, floor or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use; provided, that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
§ 27-2105 Abandonment.
[Ord. 5/26/1987, § 1905; as amended by Ord. No. 303, 3/26/2024]
a.
If a nonconforming use of a building or land is abandoned for a continuous period of one year, subsequent use of such building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 27-2106 Use Changes.
[Ord. 5/26/1987, § 1906]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
a.
Such change shall be permitted only as a special exception by the Zoning Hearing Board.
b.
The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use.
c.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to: