Fallowfield Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Nonconforming Uses
§ 400-57 When permitted.
Subject to the provisions of this article, a use of building or land existing at the time of the enactment of this chapter may be continued even though such use does not conform to the provisions of these regulations for the district in which it is located.
§ 400-58 Unsafe structure. [1]
§ 400-59 Alterations.
A nonconforming building or structure may be altered, improved or reconstructed. Said alteration, improvement or reconstruction shall be permitted only if it is a normal, natural or consistent growth of the same character as that of the use existing at the time of passage of this chapter.
§ 400-60 Restoration.
Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by fire, collapse, explosion or act of God, provided reconstruction or repair is commenced within one year from the date of occurrence of the damage.
§ 400-61 Extension.
A.
A nonconforming use may be extended as a special exception subject to the following:
(1)
The extension becomes an attached part of the main structure and does not utilize any additional or adjoining land area other than the original parcel.
(2)
The extension does not encroach upon the yard and height requirements of the district in which the nonconforming use is located.
(3)
The extension is for the purpose of expanding the same classification of nonconforming use in existence at the time of chapter adoption.
B.
Extension of a lawful use to any portion of a nonconforming building or structure that existed prior to the enactment of this chapter shall not be deemed an extension of such nonconforming use.
§ 400-62 Changes.
No nonconforming building, structure, or use shall be changed to another nonconforming use, except that a nonconforming building, structure, or use may be changed to another nonconforming use of equal or more restricted classification as a variance, after public hearing, subject to the standards imposed by the Zoning Hearing Board to reasonably assure that the changes will not adversely affect the public interest.
§ 400-63 Abandonment.
A nonconforming use of a building or land that has been abandoned or discontinued shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned as follows:
A.
When the intent of the owner to discontinue the use is apparent.
B.
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts or circumstances show a clear intention to resume the nonconforming use.
C.
When a nonconforming use has been discontinued for a period of 12 months or for 18 months during any three-year period.
D.
When it has been replaced by a conforming use.
E.
When it has been changed to another use under permit from the Zoning Hearing Board.
§ 400-64 Unlawful use not authorized.
Nothing in this chapter shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
§ 400-65 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall apply to any nonconforming use conditions created therein.
§ 400-66 Registration of nonconforming use.
[Added 7-16-1999 by Ord. No. 159]
A.
The Zoning Officer of the Township shall maintain, within the Township records, a list of all nonconforming uses, structures, and lots, as same are defined in this article.
B.
In addition to registration of nonconforming uses by the Zoning Officer, application for registration of nonconforming uses, structures, and lots may be made to the Township by individual property owners or holders of such nonconforming uses, structures, or lots.
C.
Upon application for registration of a nonconforming use, structure, or lot, the Zoning Officer shall identify the reasons upon which such application should be granted or denied, and, if determined appropriate, the Zoning Officer shall register said nonconforming uses, structures, or lots within the Township records as nonconformities.
D.
Determinations made by the Zoning Officer with respect to the nonconformity of individual uses, structures, or lots shall be appealable to the Zoning Hearing Board in accordance with the provisions of this chapter.