Lower Towamensing Township
City Zoning Code
City Zoning Code
ARTICLE XI
Nonconformities
§ 450-132 Purpose; applicable regulations.
A.
Purposes. Within the zoning districts established by this chapter, as amended, there exists and will exist certain nonconformities which, if lawful before this chapter was passed or amended, may be continued subject to certain regulations. Ordinarily these nonconforming conditions would be prohibited, regulated or restricted by this chapter and amendments.
B.
Registration of nonconforming uses and structures. As nonconforming uses and structures come to the attention of the Zoning Officer, a certificate of nonconforming activity shall be completed and placed in the property file. Nothing in this article is intended to prevent the Zoning Officer from issuing certificates of nonconforming uses based on common knowledge or other history or proof of such nonconformity.
C.
Continuation. Any lawful nonconforming use, structure or lot may be continued, maintained, improved and repaired, provided it conforms to the remainder of this section.
D.
Changes in construction and size.
(1)
Nonconforming structures.
(a)
A nonconforming structure may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.
(b)
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 § 450-132D(3).
(2)
Nonconforming lots.
(a)
Any lot held in single and separate ownership on the effective date of this chapter, or subsequent amendments, which does not meet the minimum size or width requirements of the zoning district in which it is located may be used for any use permitted in that district provided that all yard, height, coverage and open space requirements are met.
(b)
Subsection D(2)(a) above only applies to nonconforming lots whose owner does not own adjacent property. When adjacent property with continuous frontage is owned at the time of adoption of this chapter, or subsequent amendment, the entire parcel of land will be considered as a single entity. This parcel of land may not be used, sold or subdivided in a manner which creates a lot whose width or area does not meet the requirements of this chapter.
(3)
Nonconforming use. 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.
(b)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot which existed when the use became nonconforming.
(c)
Any increase in volume or area of the nonconforming use shall not exceed an aggregate of more than 50% of said volume or floor area during the life of the nonconformity.
(d)
Only the portion of the ground area of any lot upon which a nonconforming use exists shall be considered in computing the area occupied by such a use. The computations of volume and area, both to establish the extent of the nonconformity and to determine the limits of its expansion, shall be separate.
(e)
Nonconforming signs shall not be extended or enlarged.
E.
Restoration. A nonconforming building or any building containing a nonconforming use destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be completed within one year of the date commenced. An application must be made for a building permit to rebuild.
F.
Ownership. Whenever a nonconforming use, structure or lot changes ownership, a previously lawful nonconforming use may be continued by the new owner. The Zoning Officer may require a new owner to reregister the nonconforming use with the Zoning Officer.
G.
Abandonment.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 365 consecutive days, subsequent use of such building or land shall conform to the regulations of the district in which it is located.
(2)
The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use (operation, lease, sale, etc.) cease.
H.
Changes in use.
(1)
No structure or land, once changed to a conforming use, shall be permitted to revert to a nonconforming use.
(2)
A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board after the following conditions are met:
(a)
The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.
(b)
The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:
(c)
The existing nonconforming use shall be completely abandoned.
I.
District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another, the foregoing provisions shall also apply to any nonconforming uses or structures existing within the district to which the area was transferred.
J.
Special exception/conditional uses. Any use acted upon and permitted by special exception or conditional use action under this chapter shall not be considered a nonconforming use under this article. This subsection shall not apply to the change of one nonconforming use to another under § 450-132H(2) of this chapter.