Lower Swatara Township
City Zoning Code

All lawful uses of land or of a lot, building, sign or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which it is located; provided, such nonconforming conditions shall comply with the following.

The Zoning Officer shall be responsible for the proper registration of premises occupied by a lawful nonconforming use, lot, building and/or structure existing after the effective date of this chapter and issuance of a certificate of nonconformance which shall be for the purpose of insuring to the owner the right to continue such nonconformity in accordance with the provisions of this Part. It is the property owners' responsibility to assist the Zoning Officer in the identification and registration of nonconforming uses, lots, buildings and structures they are accountable for.

Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use; providing, such alterations and repairs are in conformance with the regulations set forth in this chapter and other applicable codes and ordinances adopted by the Township.

An applicant seeking to change a nonconforming use to another nonconforming use must demonstrate that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to: traffic generation and congestion; storage and waste disposal; and nuisances, including noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, and vibration. Any proposed change in nonconforming uses shall be heard by the Zoning Hearing Board as a special exception.

A nonconforming structure, building or use which is damaged by fire, explosion, windstorm or other natural or criminal acts may be reconstructed and used for the same purposes, provided that:

If a nonconforming use of land or building ceases operations for a continuous period of more than 12 months or is abandoned, then such use and any subsequent use of land or building shall conform to the provisions of this chapter, except when the discontinuance is due to a death and administration of the decedent's estate, in which event the discontinuance or abandonment shall not be presumed to start until estate administration is terminated or a court order concerning the disposition of the estate has been entered.

Signs in existence at the effective date of this chapter, or amendments thereto, may be continued subject to the regulations contained in § 27-2207 above and in Part 23, Signs, herein.

Whenever the boundaries or uses of a district shall be changed the foregoing provisions shall also apply to any nonconforming lots, uses or buildings existing therein or created thereby.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a structure or building declared unsafe by proper authority.

The nonconforming controls as set forth herein shall not apply to agricultural structures when such structures are part of an active agriculture program. An active farm group situated, through action of the Township Commissioners in enacting this chapter, in a zone where agricultural uses become nonconforming is exempt. It is not the intent of this chapter to hamper continued agricultural activities. However, should the agricultural use be abandoned, thereafter, agricultural buildings damaged or destroyed in any manner shall be subject to the nonconforming rules and regulations.