Haverford Township City Zoning Code
ARTICLE VIII
Nonconforming Uses, Buildings and Lots
§ 182-801 Statement of intent.
The zoning districts established by this chapter are designed to guide future use of land in the Township by encouraging the development of desirable residential, commercial and industrial areas, with appropriate groupings of compatible and related uses, to the end of promoting and protecting the public health, safety, comfort, prosperity and other aspects of the general welfare.
A.
To achieve this end, lawful existing uses which would be prohibited or restricted under the terms of this chapter or future amendments and which do not conform to the character and regulations of the zoning district in which they are located shall be subject to certain limitations. The regulations set forth are intended to provide a gradual remedy for the undesirable conditions resulting from indiscriminate mixing of uses and to afford a means whereby nonconforming uses can be gradually eliminated and reestablished in more suitable locations within the Township.
B.
Similarly, buildings or other structures which do not comply with one or more of the applicable district requirements as to lot width, minimum lot area and yard spaces, lot coverages or building height are deemed to be nonconforming.
C.
Nonconforming uses and structures will be generally permitted to remain. The purpose of regulating them is to restrict further investment in uses or structures which are inappropriate to their locations.
D.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction or the intended use of any building on which actual construction was lawfully begun prior to the effective date or amendment of this chapter and on which actual building construction has been diligently carried on.
§ 182-802 Regulations concerning nonconforming use, building or structure.
[Amended 1-13-2025 by Ord. No. 3011-2024]
A.
Continuation. The lawful use of a building, structure, lot or land existing at the effective date of this chapter or subsequent amendment thereto, may be continued so long as they remain otherwise lawful, including subsequent sales of the property.
B.
Enlargement of a nonconforming use, building or structure.
(1)
Nonconforming uses. A nonconforming use of a building or structure shall not be extended, enlarged or added to in any manner unless said use is made to conform to all the regulations of the district in which the nonconforming use is located. However, a nonconforming use of a lot or land may be extended or enlarged when authorized as a special exception by the Zoning Hearing Board and, and provided that:
(a)
Any such extension or enlargement shall be on the lot occupied by such use at the effective date of this chapter or of any amendment by which such use first becomes nonconforming.
(b)
No such extension of a nonconforming use shall exceed 50% of the area of the lot or land devoted to such use at the effective date of this chapter or of any amendment by which such use first becomes nonconforming.
(c)
Any nonconforming use extended shall comply with the provisions of this chapter applicable and related to that use, such as landscaping buffering, off-street parking, etc. but not including area and bulk regulations relating to buildings and structures.
(2)
Nonconforming buildings. If a building is conforming as to use but nonconforming as to area and bulk regulations or off-street parking requirements, said building may be enlarged, altered, or added to, provided that:
(3)
Nonconforming structures. If a structure is conforming as to use but nonconforming as to area and bulk regulations, said structure may be enlarged, altered, or added to, provided that:
(4)
Nonconforming lots. A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that the area and bulk requirements of this chapter are observed.
C.
Discontinuance.
(1)
If a nonconforming use of land or building ceases operations for a continuous period of more than six months, then this shall be deemed to be an intent to abandon such use, and any subsequent use of land or building shall conform to the regulations of this chapter.
(2)
The voluntary demolition, razing, or removal of a nonconforming building or structure, including removal to the foundation of the building, shall be considered an abandonment of the nonconforming building or structure, or the nonconforming portion of such building or structure. In such an instance, a nonconforming structure or building shall not be permitted to be replaced, reconstructed, or rebuilt with another nonconforming building or part thereof in order to otherwise maintain any preexisting nonconformity.
D.
Change in use.
(1)
A nonconforming use shall not be changed to any other use, other than a conforming use. If a nonconforming use is discontinued or changed to a conforming use, any future use of such building, structure, lot or portion thereof shall conform with the regulations of this chapter.
(2)
Whenever a zoning district shall be hereinafter changed or amended, any existing nonconforming use in such changed district may be continued.
E.
Damage or destruction.
(1)
In the event that a building housing a nonconforming use located in any district is destroyed or partially destroyed by fire, explosion or other cause or otherwise damaged to the extent of 50% or more of the bulk of said building, such nonconforming use shall terminate, and the lot shall thereafter be used or only for a conforming use.
(2)
In any case, whether conforming or nonconforming, the remains of any building so destroyed must be removed from the premises within six calendar months so that the same shall not remain.
§ 182-803 Regulations for nonconforming lots of record.
The use of any nonconforming lots of record shall be controlled by the terms of the Zoning Hearing Board, provided that the yard dimensions and other requirements of any lot not involving area or width, or both, shall conform to the regulations for the district in which such lot is located unless otherwise specifically authorized as a special exception by the Zoning Hearing Board and that in any case a building shall comply with the yard and other requirements of the district to the maximum extent practicable.
§ 182-804 (Reserved) [1]
[1]
Editor's Note: Former § 182-804, Preparation of list of nonconforming uses, buildings, lots and signs; time limit for signs to be brought into compliance, was repealed 12-13-1993 by Ord. No. 2189.
§ 182-805 (Reserved) [1]
[1]
Editor's Note: Former § 182-805, Applicability of provisions in light industrial districts, added 12-8-1975 by Ord. No. 1623, as amended 5-9-1977 by Ord. No. 1666, was repealed 1-9-1996 by Ord. No. 2237.