Hepburn Township City Zoning Code
PART 4
NONCONFORMANCE REGULATIONS
§ 27-401 Intent.
[Ord. 75-1, 1/6/1975]
1.
Within the districts established by this chapter, or amendments that may later be adopted, there exist: (A) lots; (B) structures; (C) uses of land and structures; and (D) characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed.
2.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
§ 27-402 Nonconforming Uses and Buildings.
[Ord. 75-1, 1/6/1975; as amended by Ord. 1991-1, 3/15/1991; and by Ord. 10.02.2007.02, 10/2/2007, §§ 1 — 6]
1.
Continuation of Use. Any use, building, or structure, lawfully in existence at the effective date of this chapter, or any amendment thereto, may be continued as a nonconformity, except as otherwise provided in this chapter.
2.
Regulation of Nonconforming Uses, Buildings and Structures. Any existing nonconforming building or structure, or any conforming building, structure, or premises devoted to a nonconforming use can only be enlarged, extended, expanded, reconstructed, replaced or structurally altered if it is being changed to a conforming use, when required to do so by law or by an order, or permitted herein, and only as follows:
A.
Restoration of a Building or Structure. Any nonconforming building or structure, damaged or destroyed by fire or other casualty, may be repaired, reconstructed and used as before, provided that the volume of such use, building, or structure shall not exceed the volume that existed prior to the damage, destruction, or casualty by more than 25%, is allowed one time only, and provided, that any nonconformities, such as setbacks, are not further enlarged.
B.
Displacement. A nonconforming use shall not be extended to displace or replace a conforming use.
C.
Change of Use.
(1)
A nonconforming use or structure shall not be changed into another nonconforming use, according to the classifications of uses pertinent to the zoning district in which it is located.
(2)
A nonconforming use may be changed into a conforming use.
(3)
When a nonconforming use is changed, the use of the building, structure, or tract of land shall not thereafter be changed again to a nonconforming use.
D.
Repairs.
(1)
Maintenance, repairs and incidental alteration of a nonconforming building or structure, or any building or structure containing a nonconforming use is permitted, provided that the same does not extend the area or volume of space occupied by the nonconforming use or structure by 25%, the extension, if any, is allowed one time only, and the extension, if any, shall otherwise comply with all of the restrictions in the district in which it is located.
(2)
A conforming building or other structure containing a nonconforming use may be altered, provided that no structural alterations are made that increase the number of dwelling units or the volume of space occupied by the nonconforming use by 25%, the increase is allowed one time only, and shall in other respects comply with all the restrictions in the district in which it is located.
E.
Replacement. A building or other structure containing a nonconforming use can be razed and replaced provided that the replacement does not extend the area or volume of space occupied by the nonconforming use by 25% for one time only and shall comply with all of the restrictions in the district in which it is located.
F.
Miscellaneous. If a nonconforming building or structure has an overhang or roof line that encroaches onto an adjacent landowners property, said replacement of such structure or building shall require the removal of said encroachment.
3.
Termination of Nonconforming Uses, Abandonment. The discontinuance of a nonconforming use for a period of one year is considered actual abandonment. Such abandoned use shall not be permitted to be revived. "Abandonment," as used herein, requires intent to abandon and actual abandonment.
4.
Expansion.
A.
A nonconforming use, building or structure can only be expanded one time and shall not exceed 25% of its volume as it existed at the time of the adoption of this chapter. Said expansion cannot occur into a more restrictive district than where it is located, and shall not occur unless it is in accordance with all of the requirement applicable to the same.
B.
Regardless of any other provision, nonconforming as to side yard setbacks, may not be enlarged.
5.
Restrictions of Nonconforming Use. The Zoning Officer is permitted to identify and register nonconforming uses and nonconforming structures as provided in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
6.
Zoning Officer Discretion. All expansions, extensions, alterations or replacements, as permitted herein, can be denied, if at the discretion of the Zoning Officer, said expansion, extension, replacement or alterations causes a problem with site distance, or a risk of public health and/or safety.