Leacock Township City Zoning Code
ARTICLE XXI
Nonconforming Uses and Structures
§ 310-278 Purpose.
It is the intent of this article to provide for the continuance of existing uses which, as of the effective date of this chapter, do not meet the use standards established herein.
§ 310-279 Abandonment of use.
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Vacation of land or structures or the nonoperative status of the use normally carried on shall be evidence of discontinuance. No abandoned use or structure may be reestablished. The Board of Supervisors may require the removal of any abandoned nonconforming use upon proper notice to the owner of the property on which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use within a reasonable amount of time, not to exceed nine months, the Board of Supervisors shall have the authority to itself cause the removal to be accomplished, the costs of such removal to be paid by the property owner.
A.
Discontinuance. Certain uses which are deemed to be a hazard to the health, safety or welfare of the citizens of the Township may be required by the Board of Supervisors to be discontinued within a reasonable period of time.
§ 310-280 Discontinued use of open land.
All junk areas, storage areas and other nonconforming uses of open land, when discontinued or abandoned for a period of 90 days, shall not be continued or reestablished.
§ 310-281 Continuance.
Except as otherwise provided in this article, any use or structure existing at the time of enactment of this chapter may be continued although it is not in conformity with the regulations specified by this chapter.
§ 310-282 Expansion or modification of nonconforming uses.
A.
A nonconforming use shall not be enlarged, altered, extended, reconstructed, restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter without a special exception from the Zoning Hearing Board.
(1)
Any modification shall take place only on the lot or contiguous lots held in the same ownership as that existing at the time the use(s) became nonconforming.
(2)
Any modification shall conform to the area, building height, parking, sign and other requirements of the zone in which said modification is located.
(3)
The proposed expansion of the nonconforming use shall not exceed 25% of the building coverage occupied by the nonconforming use on the effective date of this chapter.
(4)
The proposed modification will not cause an increased detrimental effect on the surrounding neighborhood.
(5)
The use shall not be moved to another location where such use would be nonconforming.
B.
One open storage structure may be permitted by special exception in conjunction with the granting of a special exception for the expansion of a nonconforming use for the sole purpose of storing supplies on the premises, provided that all of the following conditions are met:
(1)
The size of said structure in combination with the primary structure shall not exceed the maximum building coverage of the nonconforming use; and
(2)
No supplies shall be stored which may be in any way toxic, corrosive, dangerous, noxious or injurious to the health or be offensive to the inhabitants of the neighborhood, nor shall junk be so stored; and
(3)
The Zoning Hearing Board in the granting of a special exception for an open storage structure may require the utilization of landscaping to screen the open storage structure from adjoining premises and may impose such additional conditions as are reasonable.
C.
Off-premises storage of supplies and materials shall be permitted, provided that such storage shall be conducted in existing buildings and such storage use is a use permitted in the zoning district in which it is located.
§ 310-283 Nonconforming buildings.
A.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, moving, reconstruction or enlargement of a nonconforming building, provided that such action does not increase the degree of or create any new nonconformity with regards to the regulations pertaining to such buildings.
B.
A nonconforming structure which is partially damaged or entirely destroyed by reason of fire, explosion, windstorm or other active causes deemed to be no fault of the owner may be rebuilt and occupied for the same use as before the damage, provided the reconstructed structure shall not be larger than the damaged structure and that the reconstruction shall start within one year from the time of damage to the structure. This reconstruction or restoration does not apply to signs.
§ 310-284 Substitution to other nonconforming use.
No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board shall, in granting the change as a special exception, find that the proposed nonconforming use is not more detrimental to the zone than the existing nonconforming use. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception.
§ 310-285 Nonconforming lots: lot area exceptions.
Any lot represented on the effective date of this chapter by an existing deed, which does not meet the minimum area and lot size requirements of the zoning district in which it is located, shall be regarded as nonconforming and may be used for any use permitted in that zone. However, all yard, height and open space requirements for that zone shall be met unless a variance is granted by the Zoning Hearing Board.
§ 310-286 Lot size reductions.
No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, lot area per dwelling unit, lot width or other requirements of this chapter are not maintained. This shall not apply when a portion of a lot is acquired for a public purpose.
§ 310-287 Zoning district changes.
Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another zoning district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein or created thereby.
§ 310-288 Nonconforming signs.
A.
A sign that would be permitted under this chapter only with a sign permit, but which was in existence on the effective date of this chapter and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this chapter, shall be allowed to remain in place and be maintained, provided that no action is taken which increases the degree or extent of the nonconformity. A change in the information on the face of an existing nonconforming sign is allowed; however, any nonconforming sign shall either be eliminated or made to conform to the requirements of this section when any proposed change, repair or maintenance would constitute an expense of 50% or more of the replacement value of the sign.
B.
All nonconforming signs and billboards, when discontinued or abandoned for a period of one year or damaged or deteriorated to an extent of 50% or more of replacement costs, shall not be continued, repaired or reconstructed.