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Lower Mount Bethel Township
City Zoning Code

PART 16

NONCONFORMING USE REGULATIONS

§ 27-1601 Statement of Intent.

[Ord. No. 2022-02, 7/11/2022]
1. 
Within the zoning districts established by this chapter or subsequent amendments thereto, there may exist certain nonconformities which, if lawful prior to the adoption or amendment of this chapter, may be continued, subject to certain limitations, under the terms of this chapter or subsequent amendments thereto.
2. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any lot, building, or structure for which any applicable permit or plan had been lawfully approved prior to the effective date of this chapter or any amendment thereto, and has been diligently carried on.

§ 27-1602 Applicability.

[Ord. No. 2022-02, 7/11/2022]
The regulations of this Part shall apply to all nonconforming uses, structures, lots, signs, and lighting, as defined in Part 2.

§ 27-1603 Continuation.

[Ord. No. 2022-02, 7/11/2022]
Any lawful building or other structure, or any lawful use of a building, land, sign or lighting lawfully existing at the effective date of this chapter or amendment heretofore or hereafter enacted, or authorized by a building permit issued prior thereto, may be continued in the form evident at the effective date of this chapter or any amendment(s) thereto.

§ 27-1604 Nonconforming Use.

[Ord. No. 2022-02, 7/11/2022]
1. 
Expansion. The nonconforming use of a building or of a lot shall not be expanded so as to use other portions of the building or lot, and a nonconforming building housing a nonconforming or permitted use shall not be expanded or structurally altered, except insofar as is permitted by law to ensure the structural safety of the building; unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the expansion of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception, provided that:
A. 
It is clear that such expansion is not materially detrimental to the character of the surrounding area or to the interest of the Township;
B. 
Such expansion is economically necessary for the survival of a business;
C. 
The area devoted to the nonconforming use shall not be increased more than once during the life of the use. In addition, the area devoted to the nonconforming use shall not be increased more than 25% above its original size;
D. 
Any expansion of a nonconforming use in a building or on a lot shall conform to all area and bulk regulations otherwise applicable to the zoning district in which it is situated;
E. 
Where a nonconforming use is conducted entirely on an unenclosed premise, no structure to house or enclose such use, whether or not such structure would otherwise conform to zoning regulations, shall be permitted to be erected on the property.
2. 
Change of Use.
A. 
A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other things: potential traffic generation; nuisance characteristics such as emission of noise, dust, odor, glare and smoke; fire hazards; hours and manner of operation; and any relevant criteria for consideration of special exception or conditional use approval in any zoning district where the use may be so permitted.
B. 
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
3. 
Restoration. A structure containing a nonconforming use involuntarily damaged or destroyed by fire, explosion, flood or other natural phenomena, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:
A. 
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned, shall continue without interruption, and shall be completed within one year of the date commenced;
B. 
The reconstructed structure shall not exceed the height or square footage of the damaged or destroyed structure, except as provided by Subsection 3.A. above.
4. 
Abandonment. If a nonconforming use of a structure or land is removed or discontinued for 12 or more consecutive months, such use shall be deemed to have been abandoned and subsequent use of such structure or land shall conform with the regulations of the zoning district in which it is located. However, if an application for special exception is made prior to the expiration of the twelve-month period after removal or discontinuation, and thereafter approved by the Zoning Hearing Board, a prior nonconforming use may be restored after the expiration of the twelve-month period and subject to any conditions of approval which may be imposed by the Zoning Hearing Board.

§ 27-1605 Nonconforming Structure.

[Ord. No. 2022-02, 7/11/2022]
1. 
Alteration, Renovation, or Enlargement.
A. 
Nonconforming structures may be altered, renovated, or enlarged provided that such alteration, renovation or enlargement does not increase the existing gross floor area by more than 25% nor increase or extend the existing nonconformity. The dimension that is nonconforming shall not be altered so as to extend the nonconformity beyond the existing building line. For example, a structure that is nonconforming as to front yard setback may be expanded, so long as the expansion does not further reduce the existing setback. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 27-1604, Subsection 1., of this Part. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 27-1606, Subsection 4., of this Part.
B. 
Except as provided for in Subsection 1.A. above, any structural alteration of or addition to existing buildings shall conform with all area and bulk regulations, including, but not limited to, minimum area, height, width, yard and coverage requirements for the zoning district in which it is located as well as building code regulations currently in effect.
2. 
Restoration. Any lawful nonconforming building or other structure which has been involuntarily destroyed or damaged by fire, explosion, flood or other natural phenomena, or legally condemned, may be reconstructed in the same location provided that:
A. 
The reconstructed building or structure shall not exceed the height or dimensions of the former building or structure except to the extent permitted under § 27-1604, Subsection 1.;
B. 
Reconstruction shall commence within one year from the date of damage, destruction, or condemnation, shall continue without interruption, and shall be completed within one year of the date commenced.
3. 
Moving of Structure. If a nonconforming structure or building shall be moved, it shall be sited in conformance with all applicable regulations of the zoning district to which it is moved.

§ 27-1606 Nonconforming Lot.

[Ord. No. 2022-02, 7/11/2022]
1. 
A small lot of record shall not be considered a nonconforming lot to the extent consistent with the applicable provisions of § 27-1403. On any lot otherwise nonconforming in any dimensional manner, a variance to construct a building may be authorized by the Zoning Hearing Board pursuant to Part 18.
2. 
An owner of two or more contiguous nonconforming lots in single and separate ownership which, if combined, would create a lot of conforming size or lesser nonconformity, shall be required to consolidate such lots prior to the issuance of a building permit. Such a consolidation of lots shall not be deemed to be a subdivision. The consolidation shall be effectuated by a "Deed of Consolidation" from the owner to the owner with the consolidated lots being described in a single legal description. This provision shall not apply where there was a manifest and objectively visible intent by the property owner to use and maintain such lots as separate lots (e.g., improvements or construction has occurred on one lot but not on the adjacent lot, the parcels have been described separately in the deed).
3. 
No lot area shall be reduced so that the area or width of the lot or the applicable area and bulk dimensions shall be smaller than herein prescribed or for the zoning district in which the lot is located.
4. 
An existing structure located on a lot nonconforming as to the required area may be used for a use permitted in the zoning district in which it is located, provided the structure complies with all area and bulk requirements of that district.
5. 
If a nonconforming structure is located on a nonconforming lot, such structure may be used for a use permitted in the zoning district in which it is located when it is determined by the Township zoning officer, or by the Zoning Hearing Board on appeal, that the proposed use is not injurious to health, safety, and general welfare of the Township in general and the surrounding property owners in particular.

§ 27-1607 Nonconforming Sign.

[Ord. No. 2022-02, 7/11/2022]
Any nonconforming sign legally existing at the effective date of this chapter shall be governed by the regulations set forth in § 27-1713 of this chapter.

§ 27-1608 Nonconforming Lighting.

[Ord. No. 2022-02, 7/11/2022]
Any nonconforming lighting legally existing at the effective date of this chapter shall be governed by the regulations set forth in § 27-1717 of this chapter.