Lower Allen Township
City Zoning Code

The extension of a nonconforming use of land upon a lot occupied by such use.

The extension or enlargement of a conforming building or structure occupied by a nonconforming use.

The extension or enlargement of a nonconforming building or structure occupied by a nonconforming use.

The extension or enlargement of a nonconforming building or structure occupied by a conforming use.

The extension or enlargement shall conform to the height, area, yard and impervious coverage regulations of the district in which it is located. Where a building, structure or use is nonconforming as to a required side yard or rear yard setback, the established nonconforming setback may be continued, so long as the proposed extension or enlargement does not project further into any yard, whether a front, side or rear yard, than the original setback line extended. Extension or enlargement of the nonconforming use, building or structure shall not exceed 50% of the floor area or use existing on the effective date of this chapter or the date of an amendment thereto thereby creating the nonconformity.

The entire building, structure or use shall be provided with off-street parking and loading spaces as required by Article XXIV herein.

The extension or enlargement does not replace a conforming use.

The extension or enlargement of a building, structure or use used for a nonconforming use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel of land existing and occupied on the effective date of this chapter, where such vacant parcels have been recorded separately or acquired following the effective date of this chapter.

Any lawful nonconforming use of a building, structure or land may be changed to another nonconforming use of substantially the same character upon approval by special exception by the Zoning Hearing Board. The applicant shall satisfactorily prove to the Zoning Hearing Board that the proposed change in nonconforming use will not increase the need for off-street parking or produce any noise, glare, heat, dust, traffic vibration or illumination in excess of the existing nonconforming use.

The reconstruction and/or restoration of the building or structure is commenced within one year from the date of occurrence of the damage and is carried to completion without undue delay; and

The reconstructed building, structure or occupied area does not exceed the height, area and volume of the original structure and occupied use.

The proposed use is permitted within the district in which it is located.

The proposed building shall comply with all applicable district regulations, as well as area and yard requirements as set forth in § 220-212 herein.

On lots less than 50 feet but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.

On lots less than 27 feet but not less than 20 feet in width, one side yard of no less than five feet in width shall be provided. One side wall of the building shall be constructed abutting the lot line without openings but shall not be constructed as a party wall.

On lots less than 20 feet in width, a building may be constructed the full width of the lot. Side walls abutting the lot lines shall have no openings and shall not be constructed as party walls. For such dwellings constructed to a depth of more than two rooms, a court not less than six feet in width shall be provided abutting the side wall for all rooms beyond the second room.

On a lot, in any nonresidential district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection B(2) above for residential structures.