Zoneomics Logo
search icon

Jackson Township Lebanon County
City Zoning Code

PART 13

NONCONFORMITIES

§ 27-1301 Intent.

[Ord. 8, 4/3/1972, § 13.1; as amended by Ord. 6/4/1984, 6/4/1984, § 16.01]
1. 
Within any zoning district established by this Chapter 27 or any subsequent amendment thereto there exists:
A. 
Lots.
B. 
Uses of land.
C. 
Structures.
D. 
Uses of structures or land and structures in combination which were lawful to the passage or amendment of this Chapter but which would be prohibited, regulated, or restricted under the terms of this Chapter or future amendment, and are hereinafter referred to as nonconforming. It is the intent of this Chapter to permit these nonconformities to remain or continue until they are brought into compliance. It is further the intent of this Chapter that nonconformities shall not be used as grounds for adding other structures or additional uses prohibited elsewhere in the same district.
2. 
Nonconforming uses are declared by this Chapter to be incompatible with permitted uses within the same zoning district. Any nonconforming use of a structure, of land, or structure and land in combination may be extended or enlarged only as provided within this Chapter. Extension or enlargement of a nonconforming use by the addition of uses not normally accessory to the existing nonconforming use shall not be permitted.
3. 
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 construction has been carried on diligently. Additionally, where excavation, demolition or removal of an existing building has begun preparatory to rebuilding, such activities shall be deemed actual construction provided that work is carried on diligently.

§ 27-1302 Nonconforming Lots of Record.

[Ord. 8, 4/3/1972, § 13.2; as amended by Ord. 6/4/1984, 6/4/1984, § 16.02]
1. 
Following the effective date of adoption of this Chapter, a permitted principal structure and accessory structure(s) may be erected upon any single nonconforming lot of record. Said lot must be in separate ownership and not of continuous frontage with other lots in the same ownership at the time of adoption of this Chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. However, yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of any prescribed requirements shall be obtained only through action of the Zoning Hearing Board.
2. 
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for no more than three years before the date of adoption of this Chapter, such lots may be developed, as recorded, provided that yard dimensions and requirements other than those applying to area or width shall conform to the regulations for the district in which such lots are located.
3. 
If two or more contiguous nonconforming lots held under single ownership have been duly approved by the Township Supervisors and are on record in the office of the Recorder of Deeds of Lebanon County for more than three years before the date of adoption of this Chapter, such lots may be developed, provided that:
A. 
The lot area and width of all lots is 75% or more of the required lot area and width.
B. 
All yard, lot coverage and other applicable requirements of this district can be satisfied.
C. 
Contiguous nonconforming lots which cannot satisfy requirements A and B of this subsection shall be combined, enlarged or resubdivided to satisfy requirements A and B.
4. 
No portion of a nonconforming lot shall be sold or used in a manner which further diminishes compliance with the lot area and lot width requirements of this Chapter, nor shall a portion of a conforming lot be sold or used in a manner which creates a nonconforming lot.

§ 27-1303 Nonconforming Uses of Land.

[Ord. 8, 4/3/1972, § 13.3; as amended by Ord. 6/4/1984, 6/4/1984, § 16/03]
Where lawful use of land exists at the time of the passage of this Chapter which would not be permitted by the regulations imposed by this Chapter, and where such use involves no principal structure, the use may be continued, provided that:
A. 
No such nonconforming use of land which is ceased, removed, discontinued or abandoned for a period of two years shall thereafter be reestablished. This cessation, discontinuance or abandonment time limit may be extended by a one-hundred-eighty-day time period where contracts or agreements are being negotiated, provided (1) the property owner makes written application for an extension, citing the reasons necessary for the extension and the length of extension requested and (2) the Zoning Administrator issues a temporary certificate of zoning compliance to register the reasons for extension, the length of extension and the nature of the nonconformity.
B. 
No principal structure shall be erected in connection with such nonconforming use of land.
C. 
Expansion of nonconforming uses shall be limited to a maximum aggregate enlargement of 50% of the area of land so used, as compared to the land in nonconforming use at the date of adoption of this chapter. Contiguous land owned at the effective date of this chapter may be used for expansion of the nonconforming use. However, for purposes of this chapter, approved streets or road rights-of-way define the limit of expansion of any nonconforming use of land, and such uses shall not extend across said streets or road rights-of-way.

§ 27-1304 Nonconforming Structures.

[Ord. 8, 4/3/1972, § 13.4; as amended by Ord. 6/4/1984, 6/4/1984, § 16.04]
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, but not including off-street parking requirements; such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
Such nonconforming structure may be enlarged or altered on existing or contiguous property.
B. 
Reconstruction must commence within two years of destruction of the original nonconforming use. If, for any reason, reconstruction cannot be commenced within two years, a request for extension of the foregoing two-year period for the reconstruction of the nonconforming use must be submitted to the Zoning Administrator for consideration. If the two-year period for reconstruction passes and no extension is granted, then the nonconforming status terminates, and any further construction or use of the premises must be in accordance with the requirements of this chapter.
[Amended by Ord. No. 1-2019, 4/1/2019]

§ 27-1305 Nonconforming Uses of Structures or Land and Structures in Combination.

[Ord. 8, 4/3/1972, § 13.5; as amended by Ord. 6/4/1984, 6/4/1984, § 16.05]
If lawful use involving structures with a replacement cost of $1,000 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
Existing structures devoted to a use not permitted by this chapter in the district in which it is located may be enlarged or extended on existing or contiguous property, provided that all other requirements of this chapter are satisfied for such extension, such as yards and setbacks.
B. 
Any nonconforming use and premises may, as a special exception, be changed to another nonconforming use provided that the Zoning Hearing Board, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate conditions and safeguards in accord with the provisions of this chapter.
C. 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall after the expiration of two years conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

§ 27-1306 Uses Under Special Exception Provisions Not Nonconforming Uses.

[Ord. 6/4/1984, 6/4/1984, § 16.06]
Any existing use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from one nonconforming use to another nonconforming use not generally permitted in the district) shall not be deemed a nonconforming use in such district. However, expansion, enlargement or change to that existing use shall be subject to the same criteria specified for special exception approval within the district and administrative sections of this chapter, although Zoning Hearing Board action shall not be required.

§ 27-1307 Nonconforming Signs.

[Ord. 6/4/1984, 6/4/1984, § 16.07]
Any sign erected, constructed, or placed before the effective date of this Chapter 27 which does not conform to the applicable provisions of Part 16 of this Chapter 27 is a nonconforming sign. No such sign shall be replaced, relocated or otherwise changed until approval is obtained in accordance with the requirements of Part 16 of this chapter.