Lower Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE XXVIII
Nonconforming Buildings, Structures and Uses. 1
§ 250-207 Nonconforming buildings, structures and uses.
A.
Continuation. Any lawful building or other structure, any lawful use of a building or other structure or land existing on the effective date of this chapter which does not conform with the provisions of this chapter shall be considered a lawful nonconforming building, structure or use and may be continued except as otherwise herein provided.
B.
Extension of a nonconforming use. Any lawful nonconforming use of a portion of a building may be extended throughout the building and any lawful nonconforming building or any building of which a lawful nonconforming use is made may be extended upon the lot occupied by such building and held in single and separate ownership on the effective date of this chapter, provided the following criteria are met.
[Amended 12-3-2007 by Ord. No. 276]
(1)
The area of such building shall not be increased by more than a total of 25% of the area of such building existing on the date it first became a lawful nonconforming building or a building of which a lawful nonconforming use is made.
(2)
Any structural alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located.
(3)
There are no other prior contrary agreements or restrictions affecting the property.
C.
Change. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of the same classification which shall thereafter not be subject to any further change except to a conforming use and for such purpose a building may be extended in accordance with Subsection B of this section. Whenever a nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to a nonconforming use.
D.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by fire, explosion, flooding, windstorm or other similar active cause to an extent of not more than 75% of its fair market value may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure except as provided in Subsection B of this section; and
(2)
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
E.
Cost determination. In determining the restoration cost of any structure devoted to a nonconforming use or of a nonconforming structure, these shall not be included in such cost: the cost of land or any factors other than the cost of the structure itself.
F.
Abandonment. If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land shall be in conformity with the provisions of this chapter.
§ 250-208 Lots nonconforming as to area and width; lots of unusual dimensions.
A.
When authorized as a variance, a building may be erected or altered on any lot held in single and separate ownership on the effective date of this chapter which is not of the required minimum area or width or is of unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated.
B.
Where two or more contiguous undeveloped lots are held in single ownership within a subdivision which has been duly recorded prior to the effective date of this chapter, which lots are individually not of the required minimum area or width for the district in which they are situated, no variance shall be required for the issuance of building permits, provided that such lots shall be developed in groups or fractions thereof as single lots to provide the minimum lot frontage required for each structure.
§ 250-209 Subdivision plan previously approved.
In the case of a plot of land for which a plan for the subdivision of which into two or more parcels or lots for the purpose of development and sale has, prior to the effective date of this chapter, been duly approved and recorded as required by law, which plan does not make provision for full adherence to the regulations of this chapter governing minimum lot areas or widths, front, side or rear yards or building coverage but was in conformity with regulations as were effective at the time such plan was approved and recorded, the development and sale contemplated by the plan may be proceeded with when authorized as a variance or if the subdivision approval was secured within one year of the effective date of this chapter. The Zoning Hearing Board shall have the power to grant a variance with respect to the whole of such plot of land or any portion thereof.
§ 250-210 Temporary nonconforming use.
A temporary nonconforming use which will benefit the public health or welfare or promote proper development of a district in conformity with the intent of this chapter may be permitted for a period of not more than one month, on the approval of the Zoning Hearing Board, but any such use to be permitted for a longer period shall require a public hearing thereon, after which a Zoning Hearing Board certificate may be issued for a period not exceeding one year in any case.
§ 250-211 Mapping and recording of nonconforming uses.
The Zoning Officer shall perform a survey of the Township and record and map all uses nonconforming to the district requirements set forth in this chapter. Such record and map shall be available for inspection at the Township municipal building.