Manchester Township York County
City Zoning Code
City Zoning Code
PART 13
NONCONFORMITIES
§ 27-1301 Certificate of Nonconformance.
[Ord. 1996-1, 1/23/1996, § 1300]
An application for a certificate of nonconformance may be made to the Township by the owner of any property which, at the time of the effective date of this chapter, does not conform to the provisions of this chapter. Such application shall be made within 90 days after the effective date of this chapter. The certificate of nonconformance shall set forth in detail all of the nonconforming conditions of said property. This certificate shall be for the purpose of insuring to such owner the right to continue a nonconforming use. A copy of the certificate of nonconformance shall be retained by the Township.
§ 27-1302 Continuance.
[Ord. 1996-1, 1/23/1996, § 1301]
1.
Except as otherwise provided in this part, the lawful use of land, buildings or structures existing at the effective date of this chapter may be continued, although such use, building or structure does not conform to the regulations specified by this chapter for the district in which such land, building, or structure is located, subject to the following:
A.
Structural alterations of a building or structure, or the use of a parcel, lot, or tract of land that does not conform to the provisions of this chapter at the date of its enactment shall be allowed only if the building or structure to be altered or the parcel, lot, or tract of land to be used is in conformance with the requirements of the zoning district in which it is located.
B.
Upon the grant of a special exception by the Zoning Hearing Board, the use of a building, structure, or land that is not in conformance with the provisions of this chapter may be altered or extended, providing that the alteration or extension is restricted to an additional area not exceeding 35% of the existing nonconforming building or structure, if the nonconforming use is contained in a building structure or not exceeding percent 35% of the area actually devoted to the nonconforming use, if the nonconforming use is not contained in a building or structure.
C.
Any such approved expansion or alteration of a nonconforming use shall conform to the remaining requirements of the zoning district in which it is located.
§ 27-1303 Abandonment.
[Ord. 1996-1, 1/23/1996, § 1302]
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
§ 27-1304 Restoration.
[Ord. 1996-1, 1/23/1996, § 1303; as amended by Ord. 2004-05, 7/13/2004]
1.
If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of more than 50% of its fair market value at the time of casualty, or a nonconforming building has been legally condemned, then such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored, repaired or used except in conformity with the regulations of this chapter.
2.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
3.
The regulations of this section shall not apply to barns or other outbuildings on lots of five acres or more, providing that the new construction complies with the applicable regulations or this chapter.
4.
The regulations of this section do not apply to residences or to buildings recognized as historical sites or landmarks.
5.
A nonconforming residential building that may have been destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of more than 50% of its fair market value at the time of casualty, may be reconstructed and used for the nonconforming residential use provided that:
A.
The reconstructed residential building shall not exceed the height, area and volume of the building destroyed.
(1)
A special exception may be obtained for the expansion or enlargement of the reconstructed residential building per this Part.
B.
The reconstructed residential building shall not encroach into any setback any additional (greater) distance than the original residential structure.
C.
The building footprint of the nonconforming residential building prior to the destruction shall establish the building line (setback) for the reconstructed residential building.
D.
Building reconstruction shall be started within one year from the date the structure was destroyed and shall be carried on without interruption.
(1)
During the period of time from the destruction of the nonconforming residential building until an occupancy certificate is received from the Township, the structure must be secured from any and all unauthorized entry.
6.
The application of this section dealing with the reconstruction of residential nonconformities does not apply to any nonconforming structure for which the nonconformity is related to the structures' location in any floodplain area.
7.
Any nonconforming building (residential or nonresidential) that may have collapsed due to deterioration because of time and/or neglect shall not be rebuilt, restored, repaired or used except in conformity with the regulations of this chapter.
§ 27-1305 Reversion.
[Ord. 1996-1, 1/23/1996, § 1304]
No nonconforming use shall, if once changed into a conforming, be changed back again into a nonconforming use.
§ 27-1306 Extensions or Enlargements.
[Ord. 1996-1, 1/23/1996, § 1305]
1.
The Board may authorize as a special exception the following types of extensions and enlargements for nonconforming uses and buildings existing on the effective date of this chapter.
A.
The extension of a nonconforming use of land upon a lot occupied by such use.
B.
The extension or enlargement of a conforming building occupied by a nonconforming use.
C.
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
D.
The extension or enlargement of a nonconforming building occupied by a conforming use.
§ 27-1307 Change of Use.
[Ord. 1996-1, 1/23/1996, § 1306]
1.
A nonconforming use may be changed to another nonconforming use of the same or more restricted classification if authorized by special exception granted by the Zoning Hearing Board. The order of classification with the most restricted first and least restricted last is as follows:
2.
Whenever a nonconforming use has been changed to a more restricted classification, such use shall not thereafter be changed to a use of less restricted classification.
3.
Before granting a special exception for the replacement of one nonconforming use by another, the Zoning Hearing Board must determine that the proposed nonconforming use will have no more adverse effect upon adjacent property than the existing nonconforming use. In making this determination, the Board should consider particularly the effect upon adjacent property of the following:
§ 27-1308 Alterations.
[Ord. 1996-1, 1/23/1996, § 1307]
A nonconforming building may be altered or improved provided that the alteration or improvement does not amount to a substantial increase of nonconforming use; but if such alterations or improvements involve any increase in lands so used or in the cubic content of the buildings so used, the permit for the alteration or improvement shall be issued only upon special exception granted in accordance with law.
§ 27-1309 Construction Approved Prior to Chapter.
[Ord. 1996-1, 1/23/1996, § 1308]
Nothing herein contained shall require any change in plans, construction or designated uses of a building for which building permit heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
§ 27-1310 Zone or District Change.
[Ord. 1996-1, 1/23/1996, § 1309]
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 existing therein or created thereby.
§ 27-1311 Repairs and Maintenance.
[Ord. 1996-1, 1/23/1996, § 1310]
Notwithstanding any of the above regulations, nothing in this Part shall be deemed to prevent normal maintenance and repair of any use or building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions in the interest of public safety. In granting such a building permit, the Township shall state the precise reason such alterations were deemed necessary.
§ 27-1312 Lots of Record.
[Ord. 1996-1, 1/23/1996, § 1311]
1.
In any district where single family dwellings are permitted, a single family dwelling may be located on any lot or plot of official record as of the effective date of this chapter irrespective of the lot area and/or lot width so long as public sewer is utilized to serve the dwelling and all other provisions of the district are met.
2.
All other uses, or any single family dwelling on a lot not served by sanitary sewer may be established only when authorized by obtaining a special exception from the Zoning Hearing Board.