Elverson City Zoning Code
ARTICLE XV
Nonconformities
§ 290-1501 Applicability.
All uses, structures, lots and signs that do not conform to the regulations of the zoning district in which they are located or other regulation of this chapter, but were in lawful existence prior to the effective date of this chapter or any amendment thereto, shall be known and regarded as nonconforming, and the following regulations shall apply to them.
§ 290-1502 Continuation.
The lawful application of a use, structure, lot or sign existing at the time of adoption of this chapter or any amendment thereto, or authorized by a building permit issued prior thereto, may be continued in the form evident at the time of adoption of this chapter although such use does not conform to the provisions of this chapter.
§ 290-1503 Nonconforming uses.
A.
Change of use.
(1)
A nonconforming use may be changed to another nonconforming use of substantially the same character with a similar or lessor impact by grant of special exception by the Zoning Hearing Board, after public hearing, that the proposed new use will be of a similar or lessor impact to its neighborhood and surroundings than the use it is to replace. In determining relative impact, the Zoning Hearing Board shall take into consideration criteria, including but not limited to the following: off-street parking and traffic generated; nuisance characteristics (such as emission of noise, dust, glare and smoke); fire hazards; storage and waste disposal; and hours and manner of operation.
(2)
Once changed to a use of greater conformity or a conforming use, no structure or lot shall be permitted to revert to a use of less conformity or a nonconforming use.
B.
Extension or enlargement. The nonconforming use of a structure or of a lot shall not be extended or enlarged, so as to use other portions of the structure or lot unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the extension or enlargement of such use of a structure or lot. The Zoning Hearing Board, upon proper application, may grant such special exception, provided that:
(1)
It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the Borough.
(2)
The area devoted to the nonconforming use shall not be increased by more than 50% and shall occur only one time per nonconforming use.
(3)
Any lawful nonconforming use of a lot, exclusive of a structure and the use contained therein, may be extended upon the lot existing at the time of adoption of this chapter or any amendment thereto, provided such extension shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the district or districts in which the use is now permitted. Such extension of a nonconforming use shall be limited to the lot which was in existence at the time of adoption of this chapter.
(4)
Any extension of a structure having a nonconforming use shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the zoning district or districts in which the use is now permitted.
C.
Restoration. The use of a structure or lot containing a nonconforming use destroyed by 75% or less by fire, explosion, windstorm, flood or natural or criminal acts, or legally condemned due to an involuntary act, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the structure or lot shall be commenced within one year from the date the use of the structure or lot was destroyed or condemned and shall be completed within one year of the date commenced.
D.
Discontinuance or abandonment. If a nonconforming use of a structure or lot is voluntarily discontinued, razed, removed or abandoned for 12 consecutive months, subsequent use of such structure or lot shall conform with the regulation of the zoning district in which it is located, unless the same or another nonconforming use is approved by the Zoning Hearing Board, and that permit application for such use is applied for within the time period of discontinuance or abandonment, and any approved use be initiated within 60 days after the Zoning Hearing Board authorization. Abandonment shall mean an intentional relinquishment of a use or structure for a continuous period of one year regardless of interest. Commercial or industrial abandonment shall be measured from the date of the last record of sale or regular occupancy, whichever occurs first. Residential abandonment shall be measured from the last date of regular and permanent occupancy.
§ 290-1504 Nonconforming structures.
A.
Extension or enlargement.
(1)
Nonconforming structures may be altered, renovated or enlarged, provided that:
(a)
Such alteration, renovation or enlargement does not enlarge the floor area of the structure by more than 50% of the floor area of the structure as it existed on the date when the structure became nonconforming.
(b)
Only one extension or enlargement shall be permitted per nonconforming structure.
(c)
Such alteration, renovation or enlargement shall not increase any existing nonconformity and the structure otherwise complies with all applicable regulations.
(2)
Any alteration, extension or addition to existing structures shall conform with all area, height, width, yard and coverage requirements for the zoning district in which it is located as well as building code regulations currently in effect.
B.
Restoration. Any lawful nonconforming structure which has been involuntarily damaged or destroyed by fire, explosion, windstorm, flood or other natural or criminal acts, or legally condemned due to an involuntary act, may be reconstructed in the same location, provided that:
§ 290-1505 Nonconforming lots.
A.
A lot may be used or a structure may be erected or altered on any lot held in single and separate ownership at 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 in providing the required minimum setbacks for the zoning district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board; and provided, further, that the applicant does not own or control other adjoining property that, when combined, would be sufficient to enable them to comply with the provisions of this chapter, as amended. In considering a special exception to permit the use of land or erection or alteration of a structure on a lot nonconforming as to area and bulk requirements, the Zoning Hearing Board shall impose the following additional requirements:
(1)
That the use of the lot shall be required to conform to the permitted uses in the zoning district in which such lot lies.
(2)
That the height shall be restricted to that specified for other structures within the zoning district in which the lot lies.
(3)
That the design standards imposed for uses within the zoning district in which the lot lies may be applied to the use of the lot.
(4)
Such conditions as are necessary to assure compliance with the general purpose and intent of this chapter.
B.
No lot area shall be reduced so that the area or width of the lot or the applicable setback dimensions shall be smaller than herein prescribed.
§ 290-1506 Nonconforming signs.
Existing nonconforming signs, signboards, billboards or advertising devices may be continued, subject to the following:
A.
Maintenance. A nonconforming sign may be repainted, repaired (including lighting), or modernized, provided that such repairs or modification do not exceed the dimensions of the existing sign.
B.
Alteration or replacement. No nonconforming sign shall be physically enlarged or replaced. Nonconforming signs, once removed, may be replaced only by conforming signs. A nonconforming sign may be moved, provided that moving such sign would eliminate the nonconformity.
C.
The message of a nonconforming sign may be changed, as long as it does not create any new nonconformity.
D.
Restoration. Any sign which has been involuntarily destroyed by fire, explosion, windstorm or other similar active cause, or legally condemned, shall be replaced with a conforming sign.
§ 290-1507 Registration of nonconforming uses, structures and lots.
Any owner of a lawful nonconforming use, structure or lot may register the status of same with the Borough Zoning Officer for purposes of establishing the rights conferred upon nonconformities under this chapter. Should the Zoning Officer refuse to accept and register the nonconformity as lawful, the property owner may appeal such decision to the Zoning Hearing Board in accordance with the Municipalities Planning Code.