Lower Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XX
Nonconforming Uses, Structures and Lots 1
§ 143-145 Land.
[Amended 9-21-2006 by Ord. No. 556; 1-16-2020 by Ord. No. 662]
A.
Use. Any land, the existing lawful use of which at the time of passage of this chapter does not conform to the regulations of the district in which it is located, either because of the original passage of this chapter or because of subsequent amendments of applicable regulations, shall have such use considered as a nonconforming use, which may continue on such land but shall be subject to the regulations governing nonconforming uses.
B.
Dimensions.
(1)
A existing nonconforming lot which, continuously from before the time of the enactment of the original Lower Providence Township Zoning Ordinance on May 8, 1955, has been of lawful public record and in single and separate ownership may be utilized for construction of a single family detached dwelling provided that:
(a)
Such lot is not less than one acre in the R-1 Zoning District and not less than 80% of the minimum lot area in all other zoning districts.
(b)
The building coverage on the lot shall not exceed 20% of the area of the lot, and impervious surface coverage on the lot shall not exceed 35% of the area of the lot; unless a higher building coverage limitation or impervious surface limitation for a single-family detached dwelling is allowed in the zoning district in which the lot is located.
(c)
The front and rear yards shall aggregate at least 60% of the total lot depth or meet the normal requirements of the zoning district in which the lot is located. In no case shall a front yard or a rear yard be less than 30 feet in depth.
(d)
The side yards shall aggregate at least 40% of the total lot width or meet the normal requirements of the zoning district in which the lot is located. In no case shall a side yard be less than 12 feet in width.
(e)
The lot is served by public water and sewer in all zoning districts except the R-1. Those lots not served by public water and sewer shall meet all requirements of the Montgomery County Department of Health and Chapter 117, Sewers, of the Township Code.
(f)
The lot is located in a residential district, the RPW Ridge Pike West District, Ridge Pike Business District, or the Village Commercial Districts.
(2)
A nonconforming lot which is located in nonresidential district such as the General Commercial District, the Highway Commercial District, the Professional and Business Office District, the Mixed-Use District, the Industrial District, the Industrial Park District, the Limited Industrial District, the Public Facilities and Open Space Overlay District, or the Institutional Overlay District must obtain the necessary variances to be developed.
(3)
As of or subsequent to January 19, 2020 (the date of adoption of this provision), where two or more adjacent lots, one or more of which is nonconforming based on lot size, are concurrently owned by the same owner, these adjacent lots shall be merged to minimize the nonconformity. The term "same owner," as used in this subsection, includes, in addition to a single person or entity, multiple persons with familial relationships and multiple parties with common ownership, business, and/or financial interests. There shall be a rebuttable presumption that corporations, partnerships, or other for-profit or nonprofit entities which are organized, owned or controlled by one or more of the same individuals, entities or organizations that such corporation, partnership or other for-profit or nonprofit entity is or was organized or used for the purpose of avoiding having adjacent lots being considered to be owned by the "same owner." Such lots therefore are not recognized as separate owners for the purposes of this subsection. This presumption may be rebutted with credible evidence that the corporation, partnership, or other for-profit or nonprofit entity was not created for the exclusive or primary purpose of avoiding compliance with this section.
[Amended 4-5-2023 by Ord. No. 677]
§ 143-146 Buildings.
[Amended 9-21-2006 by Ord. No. 556]
Any lawful building or the lawful use of any building existing at the time of the passage of this chapter that does not conform to use, height, location, size or bulk regulations of the district in which it is located either because of the original passage of this chapter or because of subsequent amendments of applicable regulations shall be considered a nonconforming building or use and may continue as such in its present location but shall be subject to the regulations governing nonconforming uses.
§ 143-147 Change of use.
A nonconforming building or use shall be considered as such unless and until it complies with the regulations of the district in which it is located. Such use shall not be changed to a use designated for a district having less restrictive regulations.
§ 143-148 Discontinued use.
[Amended 9-21-2006 by Ord. No. 556]
If a nonconforming use of land ceases and the landowner intends to abandon the use, then the subsequent use of such land shall be in conformity with the regulations of the district in which it is located. Should the nonconforming use of land cease for a continuous period of one year or more, then it shall be presumed that the landowner has intended to abandon such nonconforming use.
§ 143-149 Extension of 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 that 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, and provided further that any structure alteration, extension or addition shall conform with all height, area, width, yard and coverage requirements for the district in which it is located.
§ 143-150 Change or resumption of nonconforming use.
[Amended 9-21-2006 by Ord. No. 556]
The Zoning Officer shall have sole discretion to determine whether resumption or change of nonconforming use is of the same class of use and is permissible. If the Zoning Officer determines that the applicant is proposing a change of use, the proposed use must be approved as a special exception by the Lower Providence Township Zoning Hearing Board.
§ 143-151 Buildings destroyed by fire or condemned.
[Amended 9-21-2006 by Ord. No. 556]
A building containing a nonconforming use and a building nonconforming as to area and height destroyed by fire or legally condemned may be reconstructed and used for the same nonconforming use, provided that building when rebuilt does not exceed the height and area of the building so destroyed or condemned subject also to other regulations of nonconforming uses herein contained. If building reconstruction is not started within one year from the date the building was damaged or destroyed and is not carried on without interruption, it shall be presumed that the landowner has intended to abandon such nonconforming use.
§ 143-152 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.
§ 143-153 Storage of vehicles in connection with nonconforming business.
Wherever a property is used for the storage of motor vehicles in connection with a nonconforming business in a residential zone, the storage, parking and placement of vehicles, whether operative or disabled, shall at all times be limited to the portion of the line inside the setback lines of the property, so that no such vehicle is placed or parked within the required front, side or rear yards.