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Lower Southampton Township
City Zoning Code

PART 21

Nonconformities

§ 27-2101 Continuation.

[Ord. 558, 9/4/2012]
The lawful use of any structure or land existing at the effective date of this chapter may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this part. This provision does not apply to any use of land or structure unlawful under this chapter.

§ 27-2102 Alteration or extension.

[Ord. 558, 9/4/2012; ]
1. 
Nonconforming structures. 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 by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection 3 of this section.
2. 
Nonconforming lots. Nonconforming lots are subject to the applicable dimensional regulations for the zoning district in which such lots are located.
3. 
Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
A. 
Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception approved by the Zoning Hearing Board.
B. 
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the uses became nonconforming.
C. 
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 25% (of said volume or area) during the life of the nonconformity.

§ 27-2103 Restoration.

[Ord. 558, 9/4/2012]
No structure damaged by fire or other natural causes to the extent of more than 60% of the structure shall be repaired, reconstructed or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 60% or less of the structure may be reconstructed, repaired or used for the same nonconforming use, subject to the following provision:
A. 
The reconstructed structure shall not exceed the height, area or volume of the damaged structure except as provided in this part.
B. 
Reconstruction shall begin within one year from the date of damage and shall be carried on without interruption.

§ 27-2104 Abandonment.

[Ord. 558, 9/4/2012]
Whenever a nonconforming use has been discontinued for a period of one year and such use has been abandoned, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

§ 27-2105 Changes.

[Ord. 558, 9/4/2012]
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to another nonconforming use.

§ 27-2106 Displacement.

[Ord. 558, 9/4/2012]
No nonconforming use shall be extended to displace a nonconforming use.

§ 27-2107 District changes.

[Ord. 558, 9/4/2012]
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein.

§ 27-2108 Nonconforming uses permit required.

[Ord. 558, 9/4/2012]
Nonconforming use permits shall be issued by the Zoning Officer for all nonconforming uses existing at the effective date of this chapter. To qualify as a lawful nonconforming use under the terms of this chapter, the owner of a nonconforming use existing at the effective date of this chapter shall apply for a nonconforming use permit within 90 days of the effective date of this chapter.