Lower Macungie Township
City Zoning Code
City Zoning Code
PART 25
NONCONFORMITIES
§ 27-2501 Purpose.
[Ord. No. 2019-10, 8/1/2019]
This Part is intended to recognize the property rights of owners of nonconforming structures and uses to the extent required by law, while also recognizing the legitimate desire of the Township to minimize nonconformities, since they are in derogation of the comprehensive planning scheme reflected in this chapter.
§ 27-2502 Continuation.
[Ord. No. 2019-10, 8/1/2019]
The lawful use of any structures or land existing at the effective date of this chapter may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this chapter.
§ 27-2503 Expansion and Extension.
[Ord. No. 2019-10, 8/1/2019]
1.
Nonconforming Lots. A building may be constructed on any lot which was lawful when created and which prior to the effective date of this chapter was in separate ownership and duly recorded by plan or deed.
2.
Nonconforming Uses and Structures. Nonconforming uses and structures shall not be extended or enlarged, except in accordance with the following provisions:
A.
Such extension, expansion or enlargement shall be permitted only upon approval by the Zoning Hearing Board obtained as follows:
(1)
Before any extension or enlargement of a nonconforming use or structure, the applicant shall file a request therefor with the Zoning Officer, who shall make a determination whether the proposal is an extension, expansion or enlargement thereof. The Zoning Officer's determination shall then be appealed to the Zoning Hearing Board in the manner provided in § 27-2604.5.A to obtain approval for such extension, expansion or enlargement.
(2)
Alternatively, the Zoning Officer shall initiate an enforcement proceeding in accordance with § 27-2611 of this chapter, whenever it appears that any nonconforming use or structure has been extended, expanded or enlarged without approval as provided herein. To obtain the approval for such extension, expansion or enlargement, the Zoning Officers action shall be appealed to the Zoning Hearing Board in the manner provided in § 27-2604.5.A.
B.
The Zoning Hearing Board shall consider by special exception and approve the extension, expansion or enlargement of the use or structure only if it is clearly shown that:
(1)
The extension, expansion or enlargement will be no more detrimental in its external effects to its neighborhood and surroundings than the existing nonconforming use with respect to its:
(2)
The resulting structure does not exceed 125% of the gross floor area of the nonconforming structure at the time the structure first became nonconforming, or the floor area committed to the resulting use does not exceed 125% of the gross floor area committed to the use at the time the use first became nonconforming.
§ 27-2504 Restoration.
[Ord. No. 2019-10, 8/1/2019]
1.
A nonconforming structure wholly or partially involuntarily damaged or destroyed by fire, explosion, windstorm or other similar causes or a nonconforming structure which has been legally condemned may be reconstructed in the same location and used for its existing use provided that:
A.
The reconstructed structure shall not exceed in height, area and volume the structure that was destroyed or condemned.
B.
The reconstruction of the structure shall be commenced within one year of the date the structure was destroyed or condemned and shall be completed within 2 1/2 years after such commencement of construction.
§ 27-2505 Abandonment.
[Ord. No. 2019-10, 8/1/2019]
Whenever a nonagriculrural nonconforming use has been discontinued, voluntarily or involuntarily, for a continuing period of one year or more, there shall be rebuttable presumption that the use has been abandoned and, therefore, subsequent use shall be a conformity with the provisions of this chapter. An agricultural nonconforming use shall be rebuttably presumed to be abandoned if it has been discontinued or ceased to operate for a continuing period of five years. A change in a use by either permit or land development approval shall constitute an abandonment of the prior use, effective immediately.
§ 27-2506 Changes in Nonconforming Uses.
[Ord. No. 2019-10, 8/1/2019]
1.
A nonconforming use may be changed to another nonconforming use only under the following conditions:
A.
Such change shall be permitted by Special Exception only upon and approval by the Zoning Hearing Board, obtained in the same manner as provided in §§ 27-2503.2.A, and 27-2604.5.A, of this chapter.
B.
Such approval shall be granted only if:
(1)
The proposed change shall be no more detrimental to its neighborhood and surroundings than the existing nonconforming use with respect to its:
(a)
Traffic generation and congestion, including truck, passenger vehicle, and pedestrian traffic.
(b)
Relationship to the adjacent and nearby existing land uses.
(c)
Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
(d)
Volume, type and intensity of the storage and waste disposal occurring on the lot.
(e)
Hours and manner of operation.
(2)
The proposed use will be conducted entirely within a building.
(3)
Any building containing the original nonconforming use cannot be reasonably modified to contain a conforming use.
§ 27-2507 District Boundaries.
[Ord. No. 2019-10, 8/1/2019]
Whenever the boundaries of a district shall be changed so as to transfer a lot, parcel or tract of land, or portion thereof from one district to another, the foregoing provisions shall also apply to any nonconforming use or structures created therein.
§ 27-2508 Repairs and Maintenance.
[Ord. No. 2019-10, 8/1/2019]
1.
Normal maintenance and repairs of a building or other structure containing a nonconforming use are permitted, provided such maintenance and repairs does not extend, expand or increase the floor area occupied by the nonconforming use.
2.
If more than 50% of the structural components of a nonconforming building or structure, or of a building or structure containing a nonconforming use, are destroyed, the nonconformity of the building structure, or use shall not be reestablished unless approval of such nonconformity is obtained from the Zoning Hearing Board as provided in § 27-2503.1 or 27-2506 and in § 27-2604.5.A of this chapter.