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Lower Makefield Township
City Zoning Code

ARTICLE XX

Nonconformities

§ 200-86 General provisions.

A use, structure or lot which is nonconforming as defined in § 200-7 of this chapter shall be subject to the following regulations.
A. 
Continuance. 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 as hereinafter provided, may be continued although such use does not conform to the provisions of this chapter or subsequent amendments.
B. 
Extensions and alterations.
(1) 
Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter. In the case of a nonconforming structure which is used for a nonconforming use, such alteration, extension or endangerment shall also meet the requirements of Subsection C of this section.
(2) 
Nonconforming lots. A building or structure may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required width or minimum area, provided that the lot is of sufficient size to assure adequate and safe facilities for the disposal of sewage and waste products, there is adequate separation between sewage and waste disposal system and all water supplies as determined by the Bucks County Department of Health. In those instances, the dimensional and use requirements of the ordinance under which the lot was created shall regulate the building on that lot.
(3) 
Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(a) 
Such alterations, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming and shall be prohibited from encroaching on another lot subsequently added to the original parcel.
(b) 
Any increase in volume or area shall not exceed an aggregate of more than 50% of the volume or area existent at the date the use became nonconforming, during the life of the nonconformity, and shall require approval as a special exception under the provisions of § 200-98 (Zoning Hearing Board). Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in volume or area under this chapter.
(c) 
No expansion or increase shall be permitted which would not comply with the dimensional requirements of the zoning district in which the lot is located.
(d) 
No nonconforming use shall be extended to displace a conforming use.
C. 
Reconstruction of damaged building or structure. A nonconforming building or structure or any building or structure containing a nonconforming use wholly or more than 50% destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that the reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. No further expansion of the original nonconforming use will be permitted.
D. 
Abandonment. If a nonconforming use of a building, structure or lot is abandoned for a continuous period of one year, subsequent use of such building, structure or lot shall be in conformity with the provisions of this chapter. For the purposes of this chapter, abandonment shall commence when the nonconforming use ceases.