Hilltown Township City Zoning Code
ARTICLE VI
Nonconforming Uses and Structures
§ 160-61 Continuation.
A.
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 provisions of this chapter or subsequent amendments thereto.
B.
A nonconforming lot which lawfully existed prior to the enactment of this chapter, or in the case of an amendment to this chapter, then at the time of such amendment, may be developed by special exception for uses permitted in the particular district and shall conform to all other requirements specified in this chapter other than lot size, provided that the nonconforming lot is in single and separate ownership from adjoining properties. For the purposes of this section, single and separate ownership shall be ownership of any property by any person or persons which owner(s) is separate and distinct from the owners of the adjoining properties.
C.
Where two or more adjacent lots, one or more of which is nonconforming, are owned by the same owner, and the ownership of the lots is concurrent, such lots shall be combined to create conforming lots, or to lessen the nonconformity if it is not possible to create all conforming lots.
§ 160-62 Expansion or alteration.
A.
A structure which does not conform to the dimensional, area, parking, buffer, environmental and all other requirements of the district and this chapter may be extended only if the extension meets all the requirements of this chapter. Such a structure may be extended by right along the building lines of the existing nonconformity in keeping with all applicable requirements of this chapter.
B.
Except for those nonconforming institutional and industrial uses that qualify under § 160-62B(4) below, a use that does not conform to the use regulations of the district in which it is located may be extended by special exception, provided that:
[Amended 10-23-2023 by Ord. No. 2023-002]
(1)
The proposed extension 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 extend a nonconforming use as described in this article shall not be construed to mean that a new use or uses may be established. Except as provided in § 160-62B(4), a nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2)
The proposed extension shall conform with the setback, yard, dimensional, building height, parking, sign, environmental and other requirements of the district in which said extension is located.
(3)
Any increase in building or floor area shall not exceed a maximum aggregate of more than 50% of the building or floor area, whichever is less, existent at 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 under this chapter. A structure which is nonconforming in terms of height shall not be extended to increase the height.
(4)
Institutional and industrial uses that predate enactment of zoning in 1959 and which have become legally nonconforming may be expanded by conditional use approval up to 50% of the building or floor area, whichever is less, existent as of the date the herein subsection is enacted (for the duration of the life of the nonconformity), provided that the resulting impervious surface ratio does not exceed the permissible impervious surface ratio in the underlying zoning district. Strict proof of eligibility under this subsection shall be provided as part of the conditional use application and shall be included in the applicant's burden of proof at the conditional use hearing. Any expansion approved pursuant to this subsection shall comply with all criteria set forth in § 160-62B(2). Nonconforming uses qualifying under this subsection may expand onto another parcel(s) of land subsequently added to the original parcel, provided that the use still complies with all the criteria set forth in § 160-62B(2) and the added parcel is consolidated with the original parcel. Alternatively, if such parcels cannot be consolidated, then expansion as set forth above may still occur, provided that the landowner agrees, in writing, to place a restrictive covenant on the additional parcel whereby the expanded use shall cease and desist on that parcel if the parcel is sold to another party. This § 160-62B(4) shall not apply to rifle ranges (C6 use), correctional facilities and group institutions (C16 use), quarries (H4 use), resource recovery facilities (H5 use), auto salvage (H6 use), junkyards (H7 use), composting facilities (H8 use) and outdoor storage (H9 use).
§ 160-63 Discontinuation of use; abandonment.
Whenever a nonconforming use has been discontinued for a continuous period of one year such use shall not thereafter be reestablished, and any future use of such land or building must be in conformity with the provisions of this chapter. For the purposes of this chapter, abandonment shall commence when the nonconforming use ceases.
§ 160-64 Changes in nonconforming uses.
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 the following conditions:
A.
Such change shall be permitted only by special exception, under the provisions of this chapter.
B.
The applicant shall show that a nonconforming use cannot be reasonably 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:
§ 160-65 Damage or destruction of building.
A nonconforming building or any building containing a nonconforming use which has been damaged or destroyed by fire, explosion, accident, or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that:
A.
The reconstructed building shall not exceed in height, area and volume the building destroyed except that extensions may be made as provided for herein.
B.
Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.
§ 160-66 Condemnation of building.
A nonconforming building which has been legally condemned shall not be rebuilt or used for nonconforming purposes.
§ 160-68 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 160-69 Registration of nonconforming uses.
The Zoning Officer may provide for the registration of all uses which are nonconforming under the terms of this chapter within a reasonable time after the effective date of the chapter. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. Upon notification, each occupant or owner of a premises used for nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use.