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Lower Salford Township
City Zoning Code

ARTICLE XVIII

Nonconforming Uses

[Amended 8-4-1982 by Ord. No. 82-8; 12-26-1990 by Ord. No. 90-13; 12-4-1996 by Ord. No. 96-8]

§ 164-116 Continuation of nonconforming use.

The lawful use of a building or land existing on the effective date of this chapter or any pertinent amendment thereto, or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the regulations of the district in which the property is located, but shall be subject to the provisions of this article governing nonconforming uses.

§ 164-117 Extension or expansion of nonconforming uses.

A nonconforming use may be expanded or extended when authorized by the Zoning Board as a special exception, subject to the following limitations:
A. 
Any such expansion or extension shall be limited to the lot on which the use is located, as that lot was defined when the use became nonconforming.
B. 
The total of all increases in the area devoted to the use shall not exceed 25% of the area devoted to the use on the date the use became nonconforming. The term "area devoted to the use" means the total floor area and, for any portions of the use not conducted within a building, the lot area actually and physically utilized in connection with the nonconforming use.
C. 
Any such extension or expansion of the nonconforming use shall conform to the signage, parking, floodplain, height, yard, setback, buffer and coverage requirements of the district in which it will be located or the district where the use would normally be permitted, whichever is more restrictive, as well as the general regulations set forth in Article V hereof.

§ 164-118 Changes of nonconforming use.

A nonconforming use may not be changed to any use except one which is permitted in the zoning district in which the property is located. Any such change of a nonconforming use shall involve the complete elimination of the former use by the changed use. An additional or different nonconforming use may not be added to and will not be deemed accessory or incidental to an existing nonconforming use.

§ 164-119 Discontinuance or abandonment of nonconforming use.

A nonconforming use, when discontinued, may be resumed at any time within one year from such discontinued date. The discontinuance of a nonconforming use for a period of time in excess of one year shall raise a rebuttable presumption that the nonconforming use has been abandoned, and such nonconforming use may not be resumed unless the presumption of abandonment is rebutted to the satisfaction of the Zoning Hearing Board.

§ 164-120 Restoration or expansion of nonconforming building or building in which nonconforming use exists.

[Amended 6-2-2004 by Ord. No. 2004-3]
A. 
A building nonconforming as to some dimensional or locational requirement of this chapter (e.g., height, setback, coverage, etc.) which has been damaged by fire or other casualty to an extent greater than 50% of its value may be reconstructed only in a manner entirely consistent with the requirements of this chapter, unless such reconstruction is not reasonably possible under such requirements in the opinion of the Zoning Officer.
B. 
A building nonconforming as to some dimensional or locational requirements of this chapter (e.g., height, setback, coverage, etc.) which has been damaged by fire or other casualty to an extent less than 50% of its value may be reconstructed on its existing foundation, provided that:
(1) 
The reconstructed building shall not exceed the height, area or volume of the building which had been damaged or destroyed.
(2) 
Building reconstruction shall be commenced within one year from the date the building was destroyed or damaged, unless the Zoning Hearing Board shall authorize as a special exception an extension of this time limit and the reconstruction shall be carried on without interruption.
C. 
A building in which a nonconforming use exists and which building has been damaged or destroyed by fire or other cause may be reconstructed and used for the same nonconforming use, provided that the area of the building devoted to the nonconforming use may not be increased.
D. 
A single-family residential structure that does not conform with the setback, yard, building height, or other dimensional regulations of the district in which it is located may be extended along the existing nonconforming building line, provided that:
[Amended 11-1-2023 by Ord. No. 2023-04]
(1) 
The extension or addition shall be immediately adjoining the existing nonconforming structure;
(2) 
The extension or addition is no closer to the side, rear, or front property line than the existing nonconforming structure; and
(3) 
The lot (including the proposed extension or addition) complies with the building coverage and impervious coverage requirements applicable to that lot in that zoning district.
E. 
A nonresidential structure that does not conform with the setback, yard, building height, or other dimensional regulations of the district in which it is located may be extended along the existing nonconforming building line by special exception, provided that:
[Amended 11-1-2023 by Ord. No. 2023-04]
(1) 
The extension or addition is no closer to the side, rear, or front property line than the structure;
(2) 
The extension or addition does not increase the gross floor area of the building more than 25%; and
(3) 
The extension or addition complies with the building coverage and impervious coverage requirements applicable to the lot.

§ 164-121 Condemned building.

A nonconforming building which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter.

§ 164-122 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, Zoning Hearing Board authorization may be issued for a period not exceeding one year in any case.

§ 164-123 Signs.

Any signs, signboard, billboard or advertising device existing at the time of the passing of this article that does not conform in use, location, height or size with the regulations of the district in which it is located shall be considered a nonconforming use and may continue in such use in its present location for a period of years from the date of the passage of this article, but not after. The continuation of such nonconforming use after expiration of two years shall be a violation of this article.